CA asking too much to settle
Date: Thu, 08/06/2009 - 11:20
I have old Capital one credit card that I did not pay and now it is with some collection/law firm they already have taken a Judgment against me since I was not aware of the summon and did not show up in the court.
I will go to the Court tomorrow and file a “motion of vacate Judgment†since I was never aware of this complain/Judgment. Hopefully if the court voids this Judgment then I will send the copies to credit bureaus and will have this Judgment removed from my credit history.
Now I called these collection guys this morning and try to settle this debt with them but they are asking to $5000 for a $2000 limit card and they are telling me all the interest and all other crap.
I told them I will go to the court tomorrow and challenge everything that they have obtained and I want to settle this debt but they are still asking $5000.
Now if I don’t pay this $5000 then they will go to court again and even though if Judge may settle this for less than $5000 I am assuming this will show under my credit history and that’s what I don’t want.
Please advice how I can get this work out with the CA not hurting my credit history further more. I am willing to pay but not 5k and also I don’t want judgment in my credit history.
I will go to the Court tomorrow and file a “motion of vacate Judgment†since I was never aware of this complain/Judgment. Hopefully if the court voids this Judgment then I will send the copies to credit bureaus and will have this Judgment removed from my credit history.
Now I called these collection guys this morning and try to settle this debt with them but they are asking to $5000 for a $2000 limit card and they are telling me all the interest and all other crap.
I told them I will go to the court tomorrow and challenge everything that they have obtained and I want to settle this debt but they are still asking $5000.
Now if I don’t pay this $5000 then they will go to court again and even though if Judge may settle this for less than $5000 I am assuming this will show under my credit history and that’s what I don’t want.
Please advice how I can get this work out with the CA not hurting my credit history further more. I am willing to pay but not 5k and also I don’t want judgment in my credit history.
Yes, if you didn't know about the summons, for sure file the mot
Yes, if you didn't know about the summons, for sure file the motion to dismiss due to Improper Service.
They may decide to sue you again, BUT you will get a chance to work out a settlement arrangement before you go before the judge so you can avoid a judgement.
Here is a great site on the civil court process, including defenses:
"http://www.nedap.org/hotline/court.html"
It is for New York and so may vary with your state in minor points, but it is very helpful and thorough.
And if they do sue you again, you can file a Motion for Discovery and force them to detail the extra charges and prove that they have a legal right to collect them.
