I'm stumped. I'm not so sure what is the right answer. I'll do some investigation and get back to you if I discover an anything. You should email the people at Discover Card as they probably know..

Scratch the email idea it will get you NO WHERE! TRUST ME I have gone round and round with Crap One for 2 years and this email will get you nothing but transfered to a ding ding in aother office, Fairbanks doesn't even see these emails...

In this case, OP has been sued. They are apparently pro se, which means opposing counsel can contact them directly. However, any communications from OP to CrapOne MUST go through counsel. To presume differently would be to give a stamp of approval of CrapOne bypassing OP's atty if OP had retained counsel.....

I'm not opposed to paying (with Discover card) it off at all, I just want to get a settlement and be done with it. They have already basically offered a settlement, I was just hoping to get a better deal. The fact of the matter that I'm dealing with this at all should tell you something, otherwise I would just file BK and move on. I've paid off every single old debt I had when hubby and I lost our jobs. I bust my ars to make sure things are right with whoever $ is owed to.

Yes i'm pro se, yes I've already been to court for this. I dont care about the minimal amount of money I would have to fork out in order to get into a home by June. it's worth it !..

WAIT WAIT WAIT! With Centex's last reply, If it is Cap ones counsel contacing him then he has to go through counsel. If Cap one themselves is contacting then he can either do one of two things, refuse correspondence from Cap One or request that Cap Ones counsel contact him only.

If indeed it is Cap One themselves trying to contact him then that is a technicallity in the OP's case for dismissal am I not correct?.

If he is going to do this pro se (which is NOT advised, they WILL chew you up and spit you out like a old olive pit) you had better have your ducks, your spouses ducks, your relatives ducks AND your neighbors ducks in a row BEFORE you even attempt to go pro se.

Cap One has won MANY MANY MANY cases where people have repped themselves and were NOT prepared for battle.

Deletion is NOT always a requirement for settlemtn when it comes to Cap One, there are not very many people on this board that were able to get a PFD ESPECIALLY after litigation has commenced.

OP you have no other choice but to mess with this, litigation against you by Cap One is not something to be taken lightly, if Cap one wins they will haunt you for the rest of your life and they can LEAGALLY do so.

Cap One will continue to report AND update your CO every month for 7 years and WILL try to reage it several times as they have done with me, I fought these people for 2 years, look up my old post and you will see, these people are RUTHLESS and do not give a crap about you or your circumstances that happened in the past to get you where you are, all they care about is hurting you to the bone via your credit reports.

If Cap One knows you are getting a tax credit they WILL do everything in their power to confiscate it and WILL WIN their request.

I would suggest if you know you have a chance at winning this battle you may want to seek legal advise or representation NOW!.

The discovery is your chance to oppose any and everything at this point, if you put it off it will give Cap One more fuel for the fire and pull the judge automatically in their favor from the get go!.

You are not up against a mom and pop company this is the BIG DOGS and they FIGHT DIRTY and WIN 80% of the time!..

And this is why they are doing what they are doing, it is a sure when for them and an opp to make even more money off of you because now YOU will have to pay their legal fees and court cost.

I think your chances of any negotiations are over with, once it has gotten to this point all is your only option.

BK at this point would hurt you more then help you after all your hard work and is the EASY way out, this should NOT be an thinkable option for you at this time.

If you want to make an offer contact their COUNSEL, they will in turn send the offer to Cap One and then get back to you. Cap One is NOT obligated to deal with you anymore and won't. Can you use that as fuel for your fire? NO..

OP is wanting to email CrapOne, not the other way around.

As to dismissal...no. Improper contact would be a basis for a Motion for Sanctions...

I know Cap One wont delete, they didnt the previous 2 cards I settled. The CA must delete.... I have counsel helping me along the way eventhough I've not retained him.

I was just curious if anyone had any experience with an email to them......

It's been almost a month since I contacted him....NICE..

Oh well.

I think that it IS possible that they could/would settle since this is out of SOL. If you raise that defense in courtthey very likely may not win...

Someone will return your correspondence but it won't be from his office, like I said it will be from a ding ding in a completley different state even, Every correspondence I have sent to the different addresses were all responded rfom the same office as the dings dings...

1) You say it's past VA SOL. Are you being sued in VA? If not, is it SOL in the state they are suing you in?.

2) If you want a better settlement, just send the attorney a realistic counter offer. They will probably take it..

This post has been edited by jtoast: 02 February 2010 - 12:08 PM..

I'm in Michigan and MI is a Choice of Law state..

I thought about sending them a counter offer. My attorney friend said they should accept a 55% settlement since they are the OC...

CAPITAL ONE HAS ALWAYS BEEN E-MAIL PHOBIC.

Since the good old days of PFB and EUGENE COOKE..

I don't want to argue, but this is just wrong. There is absolutely no rule in any state in the USA that prohibits a party, pro se or otherwise, from contacting an opposing party directly to discuss settlement. There is absolutely no requirement that such discussions occur only with the opposing party's counsel..

And, yes, a non-attorney Capital One employee could indeed contact the OP directly as well even if the OP had an attorney. Again, there is no rule prohibiting party to party contacts. Ethical rules only prohibit ATTORNEYS from contact opposing represented parties directly..

As I wrote above, party to party settlement discussions with no lawyer involvement at all happen all the time in civil litigation..

Centex, if you still don't agree, please direct me to the legal rules you think apply...

Just to bring actual rules into the discssion, the rules about contacts with opposing parties are rules of professional conduct that apply to lawyers only. If you are not a lawyer, you are not subject to them. An typical example is Minnesota Rule of Professional Conduct 4.2..

Rule 4.2, MRPC:.

"In representing a client, a lawyer shall not communicate about the subject of the representation with a party the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized by law to do so."..

Cap1 sued me, I didn't appear since it was several years before I came across CB. A year later they garnished about half of the judgement amount which was still several hundred dollars more than my limit. Then they disappeared. I wrote to Cap1 asking them about my balance but didn't receive a response. I wrote to the court and the next month Cap1 reported a zero balance on all three reports. Since I'm in a position to pay, I wrote to Cap1 whether they consider my debt/judgement to be settled since they report zero balance.

So I wrote again to the court recently asking them what the status of the judgement is since Cap1 reports a zero balance, has not made an effort to collect on the balance or clarify their position.

Point being......Cap1 may settle for less, so give it a shot, but I doubt they'll respond...