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I got a notice today and I am being sued by Capitol One. Never been sued before and I don't even know how to repsond to their complaint. I need help, I have many credit cards I owe and its only a matter of time before they all sue me. Does anyone know what happens from here? do I sign up with a debt settlement company, can they help me? Will the courts give a judgement to Capitol one and all the others who follow suit as well? I actually had 3 capitol one cards, none of them were large cards, when I first got into trouble and could not pay, I asked Capitol one to consolidate the 3 small cards into one so I could afford the payments. They began trippling all the overlimit fees as well as late fees and it became impossible to keep up with all their fees. Now I am lost and don't know where to turn.




I am not a lawyer by far. But I am being sued by capital one also. You go to your county clerks office and pick up your answer form. You have 30 days to respond from the date of your summons. They will tell you what you have to do. As far as mailing the plainteff a copy and so forth. This is the part about me not being a lawyer. I put as my answer (advice from a lawyer, by the way) "Complaint not varified". Thats it. You send the law firm that is handling the case a certified letter asking for debt varaification. Proof they own the debt in question, orginal amount of the debt before collections, payment history, any contract you may of signed etc. This will buy you some time until you can seek out all your options. If you admit the debt is yours, you will receive a judgement right off the bat. Im not saying do not pay it if it is yours, Im just saying this will buy you time to figure out what your legal options are. Before you get a court date. They have to varaify the debt. It take time to do that. Read the fair debt collection act. Sorry for all the typo's I really can spell.

Sub: #1 posted on Tue, 09/09/2008 - 09:36

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Also, if you do not file your "answer" within the 30 days, you will loose by default. They will give judgement to the plaintiff. The "complaint not varaified" does not deny or admit, it just states that they did not send you proof of the debt. It's very reasonable. you can also ask for a fee waiver form from the clerks office to see if you qualify for a fee waiver. Filing fees are expensive. The credit card companies want you to defalt. Then they win without having to do anything.

Sub: #2 posted on Tue, 09/09/2008 - 10:17

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Anyones advice on this? I have never hear of a credit card company actually suing. I had three cards with Capital One and all were charged off and they never collected. They don't even show I ever had a card with them.

Sub: #3 posted on Tue, 09/09/2008 - 10:49

julie_1972 julie_1972

(Posts: 42 | Credits: )

A few questions:

What state do you live in?
When was the last time you paid on the account?
How is this reported on your reports?
What else came with the summons? A questionaire, affadavit, request for production of documents, Interrogatories?
Who is suing? Cap 1 or a junk debt buyer?
What are the specific counts of the complaint?

Sub: #4 posted on Wed, 09/10/2008 - 04:16

NASCAR_Devil NASCAR_Devil
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(Posts: 4671 | Credits: )

Who is the question directed too?

Sub: #5 posted on Wed, 09/10/2008 - 08:32

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If you are directing this to me "GoingNuts" which I am by the way, LOL. The summons lists Capital one as the plaintiff but they have a collections law firm who serverd the summons and all paperwork and inquires should be done through them. I susspect they purchased the account. It is just a formal complaint so far. No court date. Just states the amount in which they want. Not too much information. States basic stuff like I defaulted on contract to pay, bla, bla, bla. Just fill in the blank's on the complaint form. Im from Ca. It has been close to the four year SOL law. Give or take a year perhaps. The amount is about 1,200.00 I actually have two summons from them for around the same amount. What is bond with the SOS? Never heard of this.

Sub: #6 posted on Wed, 09/10/2008 - 08:41

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Quote:
It has been close to the four year SOL law. Give or take a year perhaps


Give or take a year can make a big difference b/w you winning or losing. What does your credit reports show as Date of Last Payment? Is it correct? Can you provide documentation? The Bond info is part of my signature and is for TX residents.

Sub: #7 posted on Wed, 09/10/2008 - 09:23

NASCAR_Devil NASCAR_Devil
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(Posts: 4671 | Credits: )

It does not say when last payment was made. I have no records that would state when it was I just know approx. by memory when I stoped paying on the account. It has a charge off date of a few months ago but last payment had to be somewhere around three years. With each collection agency it is sold off to, the charge off dates seem to change.

Sub: #8 posted on Wed, 09/10/2008 - 14:55

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I know I can file a Discovery saying that they have to prove the account is mine, by providing documentation and payment history but I am not educated enough on this matter to really know how to go about doing so. If I was to say it is past the SOL wouldnt they have to prove by some form of payment that it's not?

Sub: #9 posted on Wed, 09/10/2008 - 15:03

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Check your credit report, it will tell you when the last payment was made as well as when the debt was charged off.

Sub: #10 posted on Wed, 09/10/2008 - 23:22

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