I reside in Miami, FL. I had a credit card that went unpaid due to difficulties. My last payment on the card was 5. I now received a letter, via regular mail to my PO Box, from an attorney who claims represents my credit grantor Capital One, the original creditor of my credit card. The letter stated that Capital One filed a suit against me and I was sent a Consent to Judgement. The attorney said that in order to pay off the debt I have to sign the Consent. After speaking with a friend, I was urged NOT TO SIGN IT! I was told to send the attorney a letter denying acceptance of such. So I did. I haven't gotten a response from the attorney as of yet.
I checked in public records and I see that they have tried to summons me but they never have because they don't have a physical address of mine. As a matter of fact, I never knew that I was filed a suit against my creditor. I have not been summonsed as a result.
I got a copy of my credit report and I noticed that the account I was sued for shows as a "Charge-off" on its status and there is a collector account too. Can they sue me even if they have "Charged-off" the account? Can they sue me even though there is a collection account on my report in regards to it? Can they get a default judgement even if I have never been summonsed? What are my options to get them to drop the suit? What is my next step? I don't want a judgement in the public records because of this. Please help!!
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