I need help with summons

oh how can i have a screen name I don't want my name showing uo

The first thing I recommend is to send out the validation letter ASAP.

Then, you should go to the court house and make sure that a complaint has actually been filed. That will tell you who the parties to the case are. From what you have posted, it looks like what your daughter received was a) improperly served because any summons should have been served to you not her; and b) not an actual summons and complaint. You should check with your local court rules and find out how much time you actually have to respond if a complaint has been filed. The date a legitimate process server said you were served will be in the case file, and if there is a court case you should file a motion to dismiss for improper service and will need the affidavit of service anyway.
If you do have to file an answer and appearance, do not use the form above. You should use the forms the court provides and follow the court's procedure for filing. In addition, you should not give them the name and address of your employer, or your work number. There is no legal requirement that you have to and these people should not be asking. All they need is basic contact information.

Capital One tends to place their accounts third party and they due sue as a course of regualar business. You should be able to look the filing up online to see if it is legit. You can dispute improper service but they are are likely to immediately turn around a serve you at your new address, so disputing it will delay the inevitable.

[QUOTE=OVLG Attorney;692682]The first thing I recommend is to send out the validation letter ASAP.

Then, you should go to the court house and make sure that a complaint has actually been filed. That will tell you who the parties to the case are. From what you have posted, it looks like what your daughter received was a) improperly served because any summons should have been served to you not her; and b) not an actual summons and complaint. You should check with your local court rules and find out how much time you actually have to respond if a complaint has been filed. The date a legitimate process server said you were served will be in the case file, and if there is a court case you should file a motion to dismiss for improper service and will need the affidavit of service anyway.
If you do have to file an answer and appearance, do not use the form above. You should use the forms the court provides and follow the court's procedure for filing. In addition, you should not give them the name and address of your employer, or your work number. There is no legal requirement that you have to and these people should not be asking. All they need is basic contact information.[/QUOTE]

Oh it is legit what they left at my daughters house was a note for me to pick up the summons at the sheriffs dept, which I did. There is no court date just the form I need to Fill out and send. which I have ready to send by certified mail. and I sent a letter by certified mail to the attorney to validate.

Zwicker had just mailed my summons. I was never served, PLUS they have it in the wrong county. These CC companies can be rutheless!

In some states you can be served by mail.

You can object the the venue but it is likely they will turn around and sue you in your county.

OK i sent a get proof of validation letter to the attorney, and they sent me a novel to my daughters address, even though my validation request I sent them had my address on the envelope.

I sent it certified so there was no reason for them to send it to the wrong address, except to worry my family about my situation.

And I answered the summons from the court certified as well and I got a court date from the court, which is July 8th, and they sent it to my correct address not my daughters.

So today all the sudden the lawyer that is suing me is trying to contact me by phone, first time they ever left me a message. Why bother when we have a court date? What do they have to say to me they could not say before they sued me, or they do not want to say to me in court?

I am tempted to call them back, to give them a piece of my mind, but maybe I should refrain until we are in court. The fact after all this time they want to talk to me before hand, makes me think they are worried things are not going to be in their favor in court.

What should I do?

DebtFreeMe, You could have fought service if you hadn't gone and picked it up in person - but that's water under the bridge. I also tell my clients don't use the forms the court provides and either file an answer in counterclaim or a motion to dismiss. Without seeing your complaint or knowing all the facts: did they attach the card agreement to the complaint? An affidavit from CapOne? Statements? Copies of checks? July 8th hearing is called "pre-trial", don't know what state you're in - court procedure a little different in each state. Since we don't know how you answered the complaint, can't help you there. Can you share any more information?

Sara Goodman

No they did not attach card agreement to the complaint. I filled out the complaint and sent copy to sm claims court and to the lawyer.

On complaint I answered I deny that I am responsible at all. On complaint I put my reasons as: Plaintiff has failed to provide sufficient documentation for me to properly respond to summons.

I then sent a validation letter to attorney that simply said Please send me validation and/or verification.

The lawyer sent me, A copy of my signed contract with capital one in the year 2002, and lots of credit card, statements but a lot missing including the year of 2007.

I also have a collection letter from a Collection Agency, dated 04-27-2009 for this account.