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  1. #1
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    Jun 2006
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    Unhappy Recieved Summons Over Credit Card Debt

    Help! I just recieved a summons, hand delivered to me for past credit card debt with Capitol one. I have to appear in court on July 19th in regard to this. Is there any way I can avoid going to court? Can I call the lawyer representing Capitol One and negotiate a payment plan? I have not paid this creditor in two years and the debt is three years old. What should I do? How much are court fees? I live in Illinois.

    Thank you.

  2. #2
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    Default Re: Recieved Summons Over Credit Card Debt

    If they have already filed suit, they may be willing to enter a consent judgment which provides for a payment plan, but they are unlikely to dismiss the suit without getting some form of judgment (unless the debt is paid in full).

  3. #3
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    Jul 2006
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    Default Re: Recieved Summons Over Credit Card Debt

    Dear Mr. Knowitall,

    I am in the same boat, the court date is for July 11. I tried to settle with the law firm. The original credit line was for $300. With penalties and fees, the last known amount was up to $717 when it was with Captial One.
    The law firm wants just over $1100. I offered $450 , they sent me a letter saying the offer was rejected. I am not going to be robbed to pay any more above $450. They also want the move to strike the judgment against me.

    What can I do?--mamal

  4. #4
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    Default Re: Recieved Summons Over Credit Card Debt

    Why are you going to court if they already have a judgment against you? Why do they want their judgment stricken?

    If there is a judgment against you, you should be able to satisfy the judgment by paying off the balance due under the judgment, then having the court enter a satisfaction of judgment (a document reflecting that the judgment has been paid off).

  5. #5
    Join Date
    Jul 2006
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    Default Re: Recieved Summons Over Credit Card Debt

    Thank you so much for responding!!! HERE IS MY ABC on what happened..

    A: What happened was I had two accounts with Capital One. I paid one, which I thought was the same account the law firm was trying to collect on. So when I sent copies of the account I paid to the court and to the law firm in the middle of June, it was supposed to have cancelled the court date, which is set for July 11, 2006. ( I learned this from a court clerk I spoke with because I wanted to avoid trial. The clerk told me to mail the documents but then it turned out to be the wrong account the firm was collecting on. So I figure, it may still trial may still be held)


    B: Oh and another thing, the law firm sent me copies of them asking the court for a "motion to strike" because I did not answer back a series of interrogatories they had sent previously. That was in mid-to-late May. In the mean time I was paying the "account"!

    C: So now, I am trying to keep from getting a jugdment but, I don't want to pay 1100 for a 300 card. Or get my bank account frozen. I have no choice but to deal with the law firm!

  6. #6
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    Default Re: Recieved Summons Over Credit Card Debt

    I was confused for a second - I thought both posts were by the same person. Of course, having read your new comments, I'm confused again. But perhaps it's that I'm easily confused.

    It looks like Illinios has a five-year statute of limitations for credit card debts, so that's not going to help. If you can't settle, the court case will proceed.

  7. #7
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    Jul 2006
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    Default Re: Recieved Summons Over Credit Card Debt

    Sorry for the confusion. We are two different people. I live in the state of New Jersey. I just don't want to get a judgement over that credit card for a measily low credit line. Plus, how does law firms pick debts to sue people over? They don't want to negotiate as fairly and I feel like it's extortion...mamal

  8. #8
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    Jul 2006
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    Default Re: Recieved Summons Over Credit Card Debt

    Quote Quoting Mr. Knowitall
    I was confused for a second - I thought both posts were by the same person. Of course, having read your new comments, I'm confused again. But perhaps it's that I'm easily confused.

    It looks like Illinios has a five-year statute of limitations for credit card debts, so that's not going to help. If you can't settle, the court case will proceed.
    Mr. Knowitall can you please give me some advice o my post? I repect that you have serious experience within this forum...I have just joined today. Thanks.

  9. #9
    Join Date
    Jul 2006
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    5

    Default Re: Recieved Summons Over Credit Card Debt

    Hey Mr. Knowitall,

    I goofed! The judgment from the lawyers was actually a "Summary Judgment" which was to have the court rule in their favor not to have a non-jury trial on my case> It based off of me not answering their set of interrogatories. I assumed it was an actual judgment that went onto my credit report. I did some further reading and found out the distinctions. Whew!

    But what should I do next to keep it potentially from getting to the judgment stage?

  10. #10
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    Default Re: Recieved Summons Over Credit Card Debt

    Did you answer the interrogatories?

    If you owe the money, and don't have any viable defenses, odds are they'll eventually get their judgment.

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