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How do I submit answer to court summons from bottom feeder?

Date: Thu, 12/28/2006 - 09:23

Submitted by anonymous
on Thu, 12/28/2006 - 09:23

Posts: 202330 Credits: [Donate]

Total Replies: 11


I received a summons filed by the bottom feeder Trauner, Cohen & Thomas, LLP, claiming to be Capital One Bank's Attorney. I have to furnish the court with an answer to the complaint. After checking my credit report I found Capital One shows the account as "Charged off account, account closed by credit grantor". My questions: Does this reflect that I do not owe Capital One and/or Trauner, Cohen & Thomas, LLP? If so how do I reflect this in my answer to the court?


Charge off does not mean that it is gone for good. What they did was close your account because of being behind on payments, and then they sold the account to a collector. Unless the debt is over 7 years old, you had best go to court. If you can try and work something out with Capital One, I would try that first. If that don't work, then try and work something out with the collector. If not, you had best go to court. If you don't show, they will do a default judgement and can garnish your wages.


lrhall41

Submitted by on Thu, 12/28/2006 - 10:26

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I have thought about it, but I just like to do a little lurking and a little posting here and there. I was caught up in payday loans just 4 months ago and found your website. I was lucky and managed to take care of them without closing my checking account, etc. I paid them off by selling things and was lucky enough to be able to work many hours of OT at work. Now I am in better shape financially than in years. I admire what the regular posters, debt samaritans, moderators do. I know, despite your successes with the payday loan sharks, that many of you seem to struggle financially. I feel bad for you. I can tell that you have a heart and empathize with those who post here, while dealing with your own problems. My hat is off to you!


lrhall41

Submitted by on Thu, 12/28/2006 - 10:47

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JMM, we would welcome you to join the site anytime you are ready to provide insight and help others with your story.

As for the person who started the post, I would recommend that you contact Capital One to see if you can work some arrangements out with them to get the account back to being current. First Premier Bank has closed my account as well (even though I was not late with any of my payments but I did go over my balance by $83). By contacting Capital One, you can assert that you have made a good faith effort to contact the company and make payment arrangements.

But I do have one question, have you been to court to check to see if this document is legitimate? Were the papers sent to you by the court or by the creditor themselves? I would recommend that you go to the courthouse and see the actually document. There are some firms who will send documentation to you without filing anything in the court, which is illegal.

Also, I would recommend that you contact an attorney to know what your rights are. Contact an attorney who works with debt consolidation or bankruptcy.

I hope that everything works out well for you.


lrhall41

Submitted by Alexandra on Thu, 12/28/2006 - 11:34

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Thanks to JMM and Alexandra for your reply. To answer a few questions - the summons was served by a Sheriff. I am unable to pay for an attorney, am indigent and collecting food stamps. I live with my mother who is on Social Security. The debt was incurred by my ex-husband, who stole my credit cards and ran them up to purchase drugs. I called the local police dept. at the time and was told there was nothing I could do because we were married. He is now serving 15 years in a Florida Prison for an unrelated charge. It appears the other creditors have chosen not to pursue me at this time. This debt is only four years old.

Is there a particular format I should use when answering the summons, since I will have to do this on my own? Should I include the above information or will the judge care about anything other than the fact that the debt is owed?


lrhall41

Submitted by on Thu, 12/28/2006 - 14:28

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Have you tried to contact legal aid? I would hate for you to have to do this on your own. Are there any attorneys in your area who are willing to work for indigent clients?

When you answer the summons, be as truthful as possible. But I would still recommend that you contact those creditors to see if there is anything that you can do to work out an arrangement. All you can do is try.


lrhall41

Submitted by Alexandra on Thu, 12/28/2006 - 14:32

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I received a phone-call from genesse valley assoc.
claming that i owe money to mbna they are going to take me to court. I checked my credit report and
balance amount $o. account status collection (comment) account closed by consumer. what does this mean? Do I owe money?. I have refiance so many time, is never come up in my credit report. I was so surprice. what is the best way if i do owe money to pay it off . do i contact mbna.


lrhall41

Submitted by on Thu, 12/28/2006 - 16:10

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Ok,
You admitted that someone(ex)stole your identity.Go to www.ftc.gov and download the id theft affadavit.Fill it out,get it notarized,and bring it to police station.Demand a police report. Call each credit bureau and place both fraud alerts & security freezes in your file. Go to legal aid and drop copies of all this paperwork with attorney so they can file an answer. Once your answer has been filed with court,send a copy of police report and id theft paper to attorney and capital one certified return receipt.

This case will be a little difficult because of the marriage issue,but you can still assert that it was not your bill. You can get attorney to bring his criminal background up for mitigation to show that him and not you caused this problem.Good luck.


lrhall41

Submitted by cajunbulldog on Thu, 02/22/2007 - 18:35

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