1. Who is the named plaintiff in the suit?
Capital One Bank USA, NA
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
Moss Law Firm Lubbock TX
3. How much are you being sued for?
3500 ( credit card limit was $3000)
4. Who is the original creditor? (if not the Plaintiff)
5. How do you know you are being sued? (You were served, right?)
served with original petition
6. How were you served? (Mail, In person, Notice on door)
left it door ( not in person )
7. Was the service legal as required by your state?
Yes ( maybe)
8. What was your correspondence (if any) with the people suing you before you think you were being sued?
No correspondence at all . they had send me letters and called but I never responded or received the call . They state my phone no is unknown to them in the case filed
9. What state and county do you live in?
Dallas County Texas
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
11. What is the SOL on the debt? To find out:
12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).
Suit served on April 13 2016
13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.
15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 14 days no interrogatory questions
16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. last statement balance attached from Dec 2014 , list of facts in the petition, 1st cause of action - breach of contract; second cause of action - Account Stated, third cause of action - common law debt