Capital One Bank Capital One Bank Sued Me!! Salt Lake City Utah

""Can they sue me even if they have 'Charged-off' the account?""

YES-Absolutely. A charge off is for tax and accounting purposes ONLY. A charge off is NOT forgiven.

""Can they sue me even though there is a collection account on my report in regards to it?""

YES.

""Can they get a default judgement even if I have never been summonsed?""

In some circumstances, they might be able to. No jurisdiction will allow a suit to hang in limbo indefinitely. IF they can show the court that they have made more than reasonable attempts to have you served they may obtain a judgment.

""What are my options to get them to drop the suit?""

Pay the debt.

""What is my next step?""

Pay the debt. You could attempt to offer a settlement for less than the debt, but be aware that they have NO OBLIGATION to settle for less than the debt. Further, since they have had such difficulty in locating you they will probably not choose to negotiate with you.

""I don't want a judgement in the public records because of this. Please help!!""

Then pay the debt or attempt to negotiate a settlement.

My title says "Salt Lake City, Utah" but this is in Miami, Fl. Also, I previously stated that there is a collection agency for this account and there is none. The account is listed as a "Charge-off".

My title says "Salt Lake City, Utah" but this is in Miami, Fl. Also, I previously stated that there is a collection agency for this account and there is none. The account is listed as a "Charge-off".

My title says "Salt Lake City, Utah" but this is in Miami, Fl. Also, I previously stated that there is a collection agency for this account and there is none. The account is listed as a "Charge-off".

The question is did they do a summons by publication since they "didn't have your physical address", but somehow did find you by mail.

If they did a summons by publication, then I'm not sure what else can be done. They know where to find you now, and the process has begun. The only way to probably avoid a judgment now is to pay the debt in full. Or file bankruptcy.

They can sue on a charge-off, and they can sue when it's in collections.

What they probably want you to sign is to reduce their paperwork on proving the case. Problem is, you've already admitted the debt is yours, and I'll bet the credit card contract calls for their attorney fees to be paid, so the longer it drags out, the more $$$ will be added to the judgment. See a local attorney.