Memphis, TN asked in Civil Litigation, Collections and Consumer Law for Indiana

Q: Is it legal for Capital One to send me a bill and offer half off the balance after filing suit against me?

Capital one hard and attorney / collection agency and they took out a lawsuit against me and had me served. I submitted a motion for production asking for them to show proof where I signed a contract and other questions. They now have sent a letter to me in the mail showing a balance which is the same that was on the suit paperwork and it says they are offering me half off to just get rid of the bill. I don't know but it seems to me that they most likely should not be contacting me unless it's through the courts at this point can I ask for a dismissal? I don't know

1 Lawyer Answer
T. J. Jesky
T. J. Jesky
Answered

A: If you are represented by an attorney, and they know you are represented by an attorney, they need to go through your attorney to contact you. Otherwise, how else are they going to contact you.

Based on your commentary, it appears the want to settle with you before the incur court costs. It is your decision to settle or not. If they take you to court and they prevail, you might be on the hook for monies due and their legal fees they spent on this case.

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