Capital One Suit


LoanSafe Member
Mar 28, 2013
Need some assistance. Husband lost job and was out of work for two years. We had a few credit cards, three with high balances ($5,000-$8,000) and then a few smaller ones. We had great credit, continued to pay on all while he was out of work (was collecting unemployment) and even when unemployment ended continued to pay them until our savings was depleted. Had to stop around July or August of 2012. Lost track of which collection agencies had which cards. We were also behind almost 90 days on mortgage. He just got back to work in January and of course we had to catch up with mortgage first, then we began to deal with the credit issues - settled on the three smaller ones, one of the larger went to an attorney and I made payment arrangements, but did not know where the Capital One was until now. Got a summons in the mail yesterday. I know we need to answer within 20 days. Advice as to what should be written, and what to NOT say? We acknowledge the debt, don't think its that high (likely interest and fees) and are willing to make a payment arrangement and would have. What should I say and not say? Should I sent it certified? The only concern is that we do own our home and I don't want a lien placed on it so don't want them getting a default judgment. What will happen? Will this go to court if we file an answer or will they try to come up with a payment plan? I need help as to what to say and how to send it.


LoanSafe Guide
Jun 18, 2009
SF Bay Area CA