How do I answer this summons?

iVillage Member
Registered: 08-30-2007
How do I answer this summons?
1
Thu, 08-30-2007 - 10:09pm

So last year I had some unexpected financial issues and got behind on everything and messed up by getting several payday loans. Well, I'm out of that mess but in order to get out of that mess, the first bills to stop getting paid were the credit cards. I've settled on one credit card and I'm set up on a payment plan on another, which will be paid off in November. I was hoping nothing would happen on the capital one card until tax time and I wanted to work out a settlement to pay with my tax refund. Well, I got a summons that a complaint has been filed against me by Weltman, Weinberg, and Reis on behalf of Capital One. I have to send an answer to the attorneys within 28 days and then file with the court within 3 days after that. The original credit limit on this card was $2650 and of course now it's up to almost $4000. My plan was when I got the tax refund was to try to get them to take $2000 to settle and if not I really didn't want to pay more than the actual limit of $2650. I'm not disputing that I owe Capital One money and always had every intention of paying. When I submit my answer to the summons, do I acknowledge that I owe the credit limit of $2650 and deny owing the additional charges? Can I make a settlement offer when I file my answer of $1000 and the rest of payments until paid off? I'm just not sure what exactly to put in the answer. Also, after the answer is filed, how soon afterwards is the court date usually scheduled. For instance, are you in court within the month or do they set them a few months away? Maybe that varies based on the county. I just want to get this handled so I can stop worrying. Any advice would be greatly appreciated.

April

iVillage Member
Registered: 06-15-2004
Sat, 09-01-2007 - 12:13pm
Send a validation letter to the attorney to validate that you owe them the money. It should give you at least 30 days