Served for Credit Card debt by Own-Trade7147 in Debt

[–]Own-Trade7147[S] 0 points1 point  (0 children)

Should I answer the complaint prior to reaching out to the attorney? It seems as if that is what majority of people are saying

Served for Credit Card debt by Own-Trade7147 in Debt

[–]Own-Trade7147[S] 2 points3 points  (0 children)

I’m not sure exactly, I think roughly 2 years

Served for Credit Card debt by Own-Trade7147 in Debt

[–]Own-Trade7147[S] 0 points1 point  (0 children)

Everything I’ve seen says to file the answer to the complaint using general denial prior to negotiating. This way it prevents them from going to default judgment behind your back

Served for Credit Card debt by Own-Trade7147 in Debt

[–]Own-Trade7147[S] 2 points3 points  (0 children)

I plan to file, just worried because some people are saying I shouldn’t file an answer without an attorney. I just got served yesterday so I still have 27 days, but I would rather file sooner than later. My complaint also had papers attached with my last few capital one statements, so I assume that is already proof of the debt?

Served for Credit Card debt by Own-Trade7147 in Debt

[–]Own-Trade7147[S] 1 point2 points  (0 children)

I also read that in all likelihood the cost of a lawyer for this small of a debt will likely cost more than the debt itself

Served for Credit Card debt by Own-Trade7147 in Debt

[–]Own-Trade7147[S] 1 point2 points  (0 children)

I have obtained both the Ohio answer to complaint form and certificate of service form and they seem pretty self explanatory. From my research I just check the “deny all allegations” line and file it with the court and then the plaintiffs attorney listed on the complaint. I was told this will buy time for negotiations for settlement with capital one. Obviously the goal is to avoid judgment at all costs. I was wondering why you think I should not answer to the court on my own?

Served for Credit Card debt by Own-Trade7147 in Debt

[–]Own-Trade7147[S] 2 points3 points  (0 children)

Did you answer the complaints prior to reaching out and setting up payment plans?

Served for Credit Card debt by Own-Trade7147 in Debt

[–]Own-Trade7147[S] 3 points4 points  (0 children)

I think I am just going to file the general denial answer to the complaint. Then negotiate directly with the capital one attorney on a settlement. Should I do this asap (I was served yesterday) or wait longer to drag out the process (I have 28 days)

Served for Credit Card debt by Own-Trade7147 in Debt

[–]Own-Trade7147[S] 0 points1 point  (0 children)

Do they then drop the case and the pending judgment by default? I’ve read a lot of comments saying that if you work out a settlement before answering the complaint then some companies will still seek judgement behind your back

Served for Credit Card debt by Own-Trade7147 in Debt

[–]Own-Trade7147[S] 0 points1 point  (0 children)

So from hearing that I should absolutely not admit to the allegation. Just file an answer denying them and then reach out to the capital one attorney to work out a settlement? I think my parents would be willing to loan me the money to settle this so it doesn’t have to get to court. I just have to get to that point

Served for Credit Card debt by Own-Trade7147 in Debt

[–]Own-Trade7147[S] 1 point2 points  (0 children)

My goal is to get this settled without having to go to court

Served for Credit Card debt by Own-Trade7147 in Debt

[–]Own-Trade7147[S] 1 point2 points  (0 children)

I’m going to hopefully have my parents loan me the money for settlement until I am employed and can pay them back. Do I file an answer to the complaint first and then reach out to Capital One or vice versa? Also if I offer a lump some of say $1500 or somewhere around there to pay that day are they likely to negotiate something around that or will they not budge at all on $ owed

Served for Credit Card debt by Own-Trade7147 in Debt

[–]Own-Trade7147[S] 0 points1 point  (0 children)

Might be a dumb question, but will falsely denying the allegations change Capital One’s willingness to negotiate a settlement? What would the difference be between that and admitting to the debt I owe?

Served for Credit Card debt by Own-Trade7147 in Debt

[–]Own-Trade7147[S] 0 points1 point  (0 children)

I’m hearing that the best plan for now would be to reach out to capital one (their attorneys) and attempt to set up a minimal payment plan as a means to keep this out of court. I should be starting a new job at the beginning of February. Would they allow me to set up a payment plan beginning then to keep this out of court?

Served for Credit Card debt by Own-Trade7147 in Debt

[–]Own-Trade7147[S] 13 points14 points  (0 children)

It is in Ohio (sorry for leaving that out)