Being sued for old credit card debt
Date: Sat, 08/29/2009 - 01:25
I am being sued for an old credit card debt that occurred in 2006. I was a very not-so-good person back then and was using drugs. I have been clean for almost 3 years now. I made some really stupid decisions and I understand they have consequences, and as such I am not disputing the debt itself. It is mine. My question focuses more around my present circumstances and the interest they are suing for.
I received the summons two days ago. The plaintiff is named as "Capital One Bank USA N.A c/o Levy & Associates, LLC" but they are also identified on the summons as "Pope and Levy Co., LPA". Why the difference?
Right now, I am a full time student with no income or assets. I was injured in April and had surgery in may and have not worked since. I am having another surgery in December and have no timetable on a recovery time as the specifics of the surgery have not been discussed. I want to pay this off and was planning on picking up a second job over the summer to do just that, along with some other debts I owe. My injury put a stop to that. I contacted them and informed them of my situation and spoke with a legal assistant who only offered me a settlement amount that I cannot afford.
Paragraph #2 of the complaint states that I owe Capital One $1447.78, consisting of $797.64 of a charge off amount and $650.14 for interest, charges and payments. What charges and payments? Why so much interest?
They are demanding I repay the amount I owe "plus interest at 25% from May 29th, 2009, costs expended herein and all other proper relief." What are "costs expende3d herein" and "proper relief"? Also, 25% interest strikes me as usury. Also, when I called after I received the summons as mentioned above, I was told over the phone that I owed $1600. Why the difference?
Something about this whole situation smells a little fishy. Like I said, the debt is valid and I fully intend to repay it, but there are a few inconsistencies that give me pause.
Thanks in advance for any help provided.
You need to send a debt validation letter even when you have bee
You need to send a debt validation letter even when you have been sued. As a consumer you have every right to know how much you owe to the lender and what are the charges they are asking for.
Reply to the summon, don't miss the time line. But at the same time ask the CA to validate the debt.
hello! i agree that the debt must be validated. But also do not
hello! i agree that the debt must be validated. But also do not be afraid of having to show up to a hearing. the fact that you have issues in the past is something that most of us can say the important thing is now you are ready to take responsibilities of your actions. Congradulations on getting your life back in order now is the time to get your financials in order. The judge in most cases are understanding and very fair whatever they decide will be fair. getting sued is very scary but its not as bad as you think be sure to be there when you need to be. Good luck to you!
validation of the debt is essential, unfortunately, the longer y
validation of the debt is essential, unfortunately, the longer you wait the more interest + fees that will be added.