Actually, my husband is for his Cap. One Visa. He wasn't going to go, but I convinced him otherwise. Afterall, we have been paying on this thing $300 per month and it's over halfway paid off. Husband made these payment arrangements (THEN we were served with the summons) without knowing anything at all about making them validate etc... BEFORE I knew anything about this fourm! The CA called last night, asking that we make payment over the phone. Hubby reminded her that we already had a pay agreement that we always send payment on the 23rd of the month. She then asked him if he was going to show up at court. He said, "I dunno". She seemed disapointed that she couldn't rattle him. She said, she'd let the lawyers know. SO...off to court with our payment agreement, our documentation of the correspondance and canceled checks...anything else to keep in mind? Is there a chance they won't show? Even though they have two offices in the same state as I am...they are nearly 100 miles away. Keep in mind, we've paid over half--leaving aprox. $600.00 (including court costs) Thank you for your thoughts, MrsC
If the balance is down to $600, would it be possible to pay them in full prior to Monday? As bad as a charge off and a paid collection looks on your credit report a judgment either paid or unpaid will look much worse.
Just my thoughts but I think they will be there. There in the same state and it wouldn't cost a whole lot for them to send someone 100 miles. Further, because your husband said he doesn't know if he will show this may bolster their confidence and give them even more reason to be there.
If you plan on being there why do you think that a judgement will be entered against you. Yes you can lose, you can never really be sure of anything when you go into court. However, if you present your case clearly that you had a payment agreement with Cap1 always paid according to the agreement and have become the subject of a lawsuit out of nowhere then you shouldn't have too much of a problem. Also, I would take this opportunity to question the validity of the debt, question the methods used to collect the debt, assert that you were the subject of harrasment and duress and as a result as a gesture of goodwill agreed to pay to get them to stop harrasing you. Not sure how it will go over because I don't know the specifics of your case but I wouldn't pay another cent at this point. I would go to court, that's just my opinion.
I don't think that they will get a judgement if you have a copy of a payment arrangement. You can show that you are abiding by the agreement. It looks like the right hand doesn't know what the left hand is doing. Charlie
Why not countersue? If what you say is true, this is harassment, which is expressly forbidden in the FDCPA. Once you get a favorable judgment, use this to estop your future suit that their actions were unwarranted harassment.
