Question on Lawsuit / Capital One
Date: Thu, 11/08/2012 - 19:45
I arrived home tonight to find a business card asking me to call "Urgent Court Matter Pending".
Woman I spoke to said she has to serve me papers, stating Capital One has filed a lawsuit against me.
My question... Capital One was part of my debt management program through Care One Sept 2009-Aug 2011, paying $58/mo. I missed one payment in Sept 2011, they dropped me from the DMP. I attempted for months to have them re-enroll me, to no avail. Care One said I must wait 11 months to have them submit another proposal to get me back on program. End of July 2012, I get a call from Pollack & Rosen, PA, they left a message saying they were a collection agency. I didn't call them back.
Beginning of August 2012, I contacted my DMP Care One and they submitted a proposal to Pollack & Rosen, where for three months, payments have been made to Pollack & Rosen for my Capital One account. They have cashed each month's checks sent to them through my DMP. Although they have not accepted the proposal sent to them on Aug 18, 2012, Care One said that is normal procedure.
Tonight, I'm told on the phone that I will be served lawsuit papers early next week. Why would they sue me if proposal has been submitted, they requested check only to their office from my DMP (which has been provided) and payments made for last three months on time through my DMP?? Is this normal for a collection agency to do?
Can anyone help or give me advice? I'm enrolled in DMP because I'm a single parent (one income, no child support) trying to pay my bills.
Woman I spoke to said she has to serve me papers, stating Capital One has filed a lawsuit against me.
My question... Capital One was part of my debt management program through Care One Sept 2009-Aug 2011, paying $58/mo. I missed one payment in Sept 2011, they dropped me from the DMP. I attempted for months to have them re-enroll me, to no avail. Care One said I must wait 11 months to have them submit another proposal to get me back on program. End of July 2012, I get a call from Pollack & Rosen, PA, they left a message saying they were a collection agency. I didn't call them back.
Beginning of August 2012, I contacted my DMP Care One and they submitted a proposal to Pollack & Rosen, where for three months, payments have been made to Pollack & Rosen for my Capital One account. They have cashed each month's checks sent to them through my DMP. Although they have not accepted the proposal sent to them on Aug 18, 2012, Care One said that is normal procedure.
Tonight, I'm told on the phone that I will be served lawsuit papers early next week. Why would they sue me if proposal has been submitted, they requested check only to their office from my DMP (which has been provided) and payments made for last three months on time through my DMP?? Is this normal for a collection agency to do?
Can anyone help or give me advice? I'm enrolled in DMP because I'm a single parent (one income, no child support) trying to pay my bills.
Well, your best option would
Well, your best option would be to call your DMP and have a talk with them. Cap One does sue creditors a lot. Generally, and if I am not grtting this wrong, unlike Debt Settlement, DMPs do offer protection from legal repercussions, unless of course you are severely delinquent.
