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interrogation questions and debt settlement agreement

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Joined: 31 Aug 2009
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Posts: 45



1314 Magic Points
Subject: interrogation questions and debt settlement agreement
 
 Posted on Mon Sep 21, 2009 2:56 pm  
after sending an answer to a motion and requesting debt verification from CA; i received a court date from the court; and i received a package from the CA that include interrogation questions that i have to answer; and debt settlement agreement for amount less than original balance.
if i choose to send the payment to settle; do i still have to answer the interogation questions?
or would those be null since i chose to settle.
do i have to send any further papers to the court since i won't be attending the court date? i dont want to be in default.
would the CA file a dismissal according to the agreement?
i appreciate all your help. thanks
carol

carol

Joined: 27 Jun 2006
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Posts: 1362
Location: Los Angeles, California


29592 Magic Points
 
 Posted on Tue Sep 22, 2009 5:43 am  
Hi question

Quote:
after sending an answer to a motion and requesting debt verification from CA; i received a court date from the court


So, did you receive a validation from the CA?

I would suggest that you write a response letter to the court stating that you had asked for debt validation to which you have not received any reply from the CA. You may attach a copy of the validation letter that you had sent the CA. I hope you had sent the request through certified mail asking for a return receipt so that you can have proof that they received it. You may also attach a copy of that alng with the letter.

Quote:
if i choose to send the payment to settle; do i still have to answer the interogation questions?


So, question, this would mean that you acknowledge the debt. Do you?

I would suggest that you go to court and not ignore the summon. You will be given a chance to defend yourself in court. So, arrange your paper works accordingly. First answer the summon and then later think about the settlement offer.

Do not take a hasty decision. And it is still not clear to me whether you do owe the debt or not.
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Carol
question

question

Joined: 31 Aug 2009
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Posts: 45



1314 Magic Points
Subject: hi carol
 
 Posted on Tue Sep 22, 2009 1:13 pm  
carol
i didnt receive a debt validation from the CA; however i contacted capital one and they did send me proof that the debt was sold to that CA; so i believe that account is not settled yet
and since i dont want to go to court and waste more time and money; i am willing to settle with them for less amount. however i am not sure what to do about the court date that was scheduled. would that be dismissed once i pay the debt?
thanks

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