Received summons today for CAP 1 account for principle of $800. Total, with fees, $1055. I know I have 30 days to respond, I am in GA. Is the attny required to contact you prior to suit? I have not received anything from this attny collector prior to being served. I know from reading the posts, and from experience, that CAP 1 keeps good records, do I have any other options than to try and settle? The SOL is not out. I might would have tried to settle, had they contacted me prior to serving me, and also, how is it determined who they will sue? I see others with thousands in charge offs with CAP 1 not getting sued, yet they sued me for $800. I guess it was just my (un) lucky day. Also, I would assume Mr. Cooke would not be able to help with this once sent out to attny??? I have not ever had to respond to a summons before, so any advice is appreciated.
There is no law that says the atty must contact you before filing suit. But I bet Cap 1 has been trying to collect for awhile, so you must have know that the possiblitly was there. This is going to sound like I'm on Cap 1's side. I'm not. You said you might have attempted to settle if they had contacted you before filing suit. Didn't you get any collection notices? Didn't you know you owed them? My suggestion would be to talk to a lawyer. If you can't afford it, call your legal aid association or similar group. They will refer you to a lawyer who will give you like 1/2 hour time for about $25.
In Wisconsin, anyone trying sue you must first send a "Notice to cure default" before filing. Essentially it's a notice that if you do not pay by such and such date, they will sue.
You must have money somewhere, or a pretty good job - they usually don't waste their time on people with no money.
Also, in Wisconsin we have an agency called "Judicare" which offers help in non criminal matters to those who have certain income levels.
This may sound silly, but if you want to settle before court, do you do that through the attny, or through the OC? The attny is a debt collector, working for the OC, also why would they accept a settlement offer for 60%, or even 80%, when they can go to court and probably win anyway? I am just looking for some other options. The original credit limit on the card was $200, and now they suit is for $1055.00 Thanks for any advice. I read hockeymom's recent suit thread, and I don't think any of that would apply. Thanks.
Stacey, The ole "bird in the hand" theorem. If they can get a good chunk up front, it'll beat getting small pieces over time through wage garnishment and the risk that you quit your job and they have to find you again etc. If you want to settle, I'd contact the lawyer that filed the suit. He's the one running the show.
Should I do this in writing, a settlement offer, and send a copy to the court, showing the effort to avoid court? Like I said before, this attny had never contacted me prior to suit, which I know they do not have to do, however, I was taking care of other "squeakier wheels" and didn't think I would get sued for what started as $200. Go figure.
I think I'd just give him a call. You are under a bit of time pressure because you have a date in which you have to respond. Of course, get any agreement in writting.
