Sued by Capital One

[Parkside830]

Coming up with cash (at least enough to make negotiating worthwhile) is probably the best.

Good luck.
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[Parkside830]

Good luck.

After taking the time to "thoroughly " read through the summons, I've learned that the owner of the debt is still Capital One and in section VI ATTORNEY"S FEES & POST JUDGEMENT INTEREST it states: Capital One expressly disclaims any request for attorney's fees and/or post judgement interest whether or not Capital One is entitled to such an award by law . I'm thinking that the fact that they still own the debt rather than a collection agency who's attempting to increase their profit margin on an investment works in my favor regarding bargaining leverage. I'm also wondering if I should try and negotiate with Capital One directly or contact the attorney listed on the summons?

 

[Parkside830]

After taking the time to "thoroughly " read through the summons, I've learned that the owner of the debt is still Capital One and in section VI ATTORNEY"S FEES & POST JUDGEMENT INTEREST it states: Capital One expressly disclaims any request for attorney's fees and/or post judgement interest whether or not Capital One is entitled to such an award by law . I'm thinking that the fact that they still own the debt rather than a collection agency who's attempting to increase their profit margin on an investment works in my favor regarding bargaining leverage. I'm also wondering if I should try and negotiate with Capital One directly or contact the attorney listed on the summons?

In the very next section VII PRAYER it states B. Plaintiff be granted judgement for the amount due
C. Plaintiff be granted judgement for all cost of court.
I'm confused as to how to interpret this. I would assume that their being granted judgement for all cost of the court means that I incur the cost but in the previous section they "disclaim ....." or am I misinterpreting that as well?

 

[quincy]

We cannot analyze documents on this forum. Sorry. And it is never a good idea, anyway, for anyone to take bits and pieces from a document and try to come to any sort of conclusion based on the bit or piece. The document needs to be read as a whole.

What you might want to do at this point is find a lawyer in your area who can review all facts and offer you an opinion, and some advice and direction. For low or no cost assistance, you could try a legal aid clinic.

 

[Parkside830]

We cannot analyze documents on this forum. Sorry. And it is never a good idea, anyway, for anyone to take bits and pieces from a document and try to come to any sort of conclusion based on the bit or piece. The document needs to be read as a whole.

What you might want to do at this point is find a lawyer in your area who can review all facts and offer you an opinion, and some advice and direction. For low or no cost assistance, you could try a legal aid clinic.

Ok, thanks