Question on Lawsuit / Capital One
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. But they sure have accepted my payments.
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 so and sue someone?
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.
Capitol One is an agressive creditor and it is not uncommon for
Capitol One is an agressive creditor and it is not uncommon for them to sue the borrower even if they are making payments or are in a DMP.
What state do you live in??
I live in Florida. I've just been trying to learn and educate my
I live in Florida. I've just been trying to learn and educate myself and greatly appreciate your help.
Well I can put your mind at ease over one thing....as head of ho
Well I can put your mind at ease over one thing....as head of household you cannot be garnished in Florida. Put your income on a pre paid debit card and they cannot touch your money.
If they do actually sue you, I would highly recommend that you do show up in could and let the judge know that you are paying. Do you have other debts with the DMP?? If not, I would pull out and pay them directly and save yourself on the fees.
Thanks for the advice. I have several credit cards on my DMP and
Thanks for the advice. I have several credit cards on my DMP and have been paying since 2009 (some already paid off). I would like to continue to allow Care One Credit to handle my DMP and keep my payments current with the low interest rates/no late fees, etc. If I take them off DMP, their interest rates will skyrocket and my late fees will go up, I will never get ahead.
I have direct deposit through my employer that goes to my bank. Are you saying I should direct deposit to a prepaid credit card and avoid the bank? I am HOH filing status, so that was good news. And I do plan to go to court and show mediator/judge that Capital One was paid until they kicked me off the DMP and that the collection agency (Pollack & Rosen) has been paid for last three (soon to be four) months through my DMP.