Summons/Answer/Settlement Question

If you don't mind me asking, what company is this for?

This is a Capital One account.

For a credit card, and how much??

I also have a charged off acct with them, but my balance is only $1472.93. They have sent it to several collection agencies. I had enrolled into a debt management program for a month, and then cancelled the agreement. Afterwards, I contacted Capital One and asked if I could continue paying the $42.00 mth payment and they agreed. Have you tried to set up arrangements with them, but I think it is too late now, right?

Usually once a creditor sends the file to an attorney, then it's out of their hands. Because of their contingency agreements, even if you were to deal directly with the creditor, they would still have to pay the attorney a share of the collection.
So they would figure, "if we're going to pay the attorney anyway, he may as well do his job..."

The attorney may be willing to take your $300/mo payment. In all odds, it's probably more than they would get per month if the had to garnish your wages. And it's less work for them, than to keep going back and forth to the courtroom. It doesn't hurt to ask.

If they refuse, then your answer the the court is kind of like a "guilty/not guilty plea." You are answering whether their complaint is true or false.

If you say true, then you can probably work out a payment plan in the courtroom and not even go to a trial. If you say false, then it goes to trial and its up the the attorney to prove why his complaint is true (which case he pulls out the contract and ledger)... and then you work out a payment plan.

It never hurts to ask if they would be willing to take a monthly payment. I was recently contacted by a law firm regarding an account that I had placed with my former debt settlement company. Even though the guy was kind of rude on the phone, they were willing to make arrangements with me. I just finally received a letter from them today but I am going to send out a validation request. It stated on the letter that per our agreement that payment was due by next Friday. I didn't agree to anything on the phone so validation is the next step for me.

Yea, I got a letter from NCO stating that my agreed pmt was on the 22nd of Nov., and as far back as I can remember I didn't make any arragements. I have read the forums on them, and now I just make my payments on their website using a prepaid debit card, so they can't rip the money off of it unless I put it on their. I think that everyone should have a prepaid card, so they don't have to worry about anyone taking their money.

Or just don't give out personal credit card information or banking information. I just don't do that anymore.

I called the attorney's today and at first they were adamant about filing for the default judgment if they didn????????t receive the full amount of the settlement by Monday. I just lost it and broke down, when I finally got it together I told them that as much as I didn????????t want a judgment against me, the only other option available to me would be take out another payday loan, which would break every promise I made to myself and God. They have agreed to take ???? payment on my next payday and then break out the other half over the following two paydays and as long as all payments were made on time they would not file for the default judgment.

Mocha Latte,

I'm glad that you decided to stick to your guns and not get another pdl. We have to work together to keep out of that cycle. I'm also glad that you were able to make payment arrangements with the attorney today. It will soon be paid and taken care of. You should be proud of yourself :)

It was hard deciding between the lesser of two evils (judgement or PDL) but I honestly don't think I could look at myself in the mirror again if I did the PDL. I am so close to being out of the PDL cycle and the other debts will be able to be paid off quickly once I have full paycheck again.

Thank you for the support. :)