Capital One Account

[overspent]

Just got a collection letter from a local law firm concerning a Capital One acct which I stopped paying 2 years ago. What's the next best move? Settle of fight? I voluntarily let the Chapter 13 dismmised 5 months ago but have no plan to refile.

[treehugger1]

I let C1 get a default judgment against me via a collection firm in Eugene. They garnished my wages and the debt was paid off. When it was all said and done, C1/attorney firm sent me a check for overpayment of account. The legal firm was shut down by the Oregon Attorney General for misrepresenting legal fees, etc. I think that is why I got a chunk of money returned to me.

Bottom line is that if C1 has managed to get the debt into the hands of a local attorney, they may be prepared to sue. I would send them a DV request first. If they can provide verification, then you can decide whether to attempt settlement.

[overspent]

Thanks treehugger That's exactly what I plan to do. I plan to wait till the end of the 30 days then send them a DV letter. Since I am on a pre-paid legal plan a work I'll talk to an attorney see what he thinks.

[mountanddo]

Capital One is pretty aggressive which is one of the reason I began the process to file Chapter 13 now. $100/month payments are a lot better than garnishing my wages 25%.