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Summons and Complaint from Cap One

Date: Wed, 12/17/2008 - 14:54

Submitted by anonymous
on Wed, 12/17/2008 - 14:54

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Total Replies: 6


I was served with a Summons and Complaint from Capital One for unpaid debt. The Summons states that I have to answer in 20 days to plaintiff's attorney. Page 2 of summons states "You may demand that the plaintiff file this lawsuit with the court. If you do so, the demand must be in writing and must be served upon the plaintiff."

My question is this: If the lawsuit has not been filed with the court, is it really a lawsuit, or a scare tactic, and shouldn't my answer be filed with the court? What should I do at this point?


That's me, I live in California so I looked up my name on the court website and it's there. But mine it states on the front page I have 30 day's.


lrhall41

Submitted by on Wed, 12/17/2008 - 16:33

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I got the same thing: Summons and Complaint, but not filed with court. Didn't know what to do? Can someone out there help?


lrhall41

Submitted by on Fri, 12/19/2008 - 08:10

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Is their a case, or some type of number in the top right hand of the paper?

I may be wrong, but I think that a complaint and summons is the same as filing a lawsuit. If their is a number and you have checked the courts website, or with the court clerk and it is listed, be sure and respond in the time it says, or they will get a default judgement.

Someone will be along and give you other info, hang in there!..karen


lrhall41

Submitted by Bossy4455 on Fri, 12/19/2008 - 08:35

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I am almost positive that if you do not demand the plaintiff file this in the court, it will go threw arbitration and you do not want that. you will lose all your rights to a fair trial.

Answer the summons neither confirm or deny the debt due to lack of validation. On the last page enclose a certificate of service saying how you will mail it and when. Certified mail return receipt requested is the best way. Do not sign your name the way you normally do, initial it should be good enough. Go to the court house and they usually date stamp it, They should make copies for you, it might cost a few bucks, They put one in your file, one for you and the other you mail to the plaintiff's attorney. If there is no attorney then just the plaintiff.

hope this helps.


lrhall41

Submitted by on Fri, 12/19/2008 - 16:19

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There isn't a case number on the summons or complaint, so how do I file my answer is there's no case? I've check on the court website, nothing...Should I request them to file with the court?


lrhall41

Submitted by on Sat, 12/27/2008 - 10:29

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I also just received a complaint without a case number. While searching earlier I go the answer. ANSWER the complaint and send one copy to the Planitff's lawyer certified, keep the original for you and have a copy ready to file with the court if the plaintiff goes ahead with the civil suit. Not sure where to go from there, but I've found a ton of answers I still have yet to read from Google.


lrhall41

Submitted by on Sat, 01/10/2009 - 20:45

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