Legal Question in Credit and Debt Law in California

I'm being sued by Capital One for a balance on a credit card. I want to work out a settlement and start payments for the debt. Should I call the lawyer before the 3 day notice is answer is up (I live in CA), if I do what should I ask him? How does he start this settlement process?


Asked on 4/16/10, 10:57 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Don't you dare call THEIR lawyer. Get your legal advice from an independent lawyer. Find out if the lawsuit was timely filed (I have had cases where people were sued by Capital One more than 4 years after the due date, which is too late). They are not going to be impressed with a proposal to pay in installments. You already promised to pay them in installments and you didn't, that's why they're suing you. They might go for a lump sum (see creditboards.com) Depending on your overall financial condition the debt and the lawsuit could be wiped-out in a bankruptcy.

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Answered on 4/21/10, 11:05 am


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