I received a SUMMONS AND COMPLAINT from Capital One Bank. I then sent a letter with both Answers to the Complaint as well as Affirmative Defenses, basically stating that the Exhibit #1 which was attached was NOT a signed contract which included my signature on it and, too, that it (Exhibit #1) did NOT show a sum of $1371.70 (the amount the Complaint said I owed). I went to the PRETRIAL and the first thing I noticed was that the attorney representing the Plaintiff (the Plaintiff representing Capital One Bank, the one working for a firm two hours south of where I live in Michigan, the one indicated on the NOTICE OF PRETRIAL letter) did not show. The judge asked the attorney representing the Plaintiff if he wanted 90-days Discovery and he said “yes” because my Affirmative Defenses (I am assuming) where “baseless” (his exact word). Then the judge asked me if I wanted 90-days Discovery and I, too, said “yes”. The judge set a trial date. Then the attorney representing the Plaintiff and me both signed a document confirming the aforesaid. That was that.
I received the trial date.
Then I contacted a lawyer who told me I should submit a “Request for Production of Documents” letter, which I did and I am still waiting for said documents.
I have since inquired about negotiating a settlement. My original credit line was $750 and my currant balance is $1448.20. The attorney representing the Plaintiff says that I have to either pay 85% ($1230.97) “by law” or 50% in the case of “documented hardship”, which I cannot provide. The negotiated payment could be either a lump sum or an X-amount per month payment plan for no more than 2-years.
Here are my questions: Does that amount seem fair? Can I counter their offer? What should I do? I really do not want to get slammed by the judge at the trial.
Thank you for your time.