1. Who is the named plaintiff in the suit?
Capital One Bank (USA), N.A.
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
Michael J. Scott & Associates (Scott & Associates)
3. How much are you being sued for?
4. Who is the original creditor? (if not the Plaintiff)
5. How do you know you are being sued? (You were served, right?)
6. How were you served? (Mail, In person, Notice on door)
7. Was the service legal as required by your state?
Process Service Requirements by State - Summons Complaint
8. What was your correspondence (if any) with the people suing you before you think you were being sued?
No Previous Contact
9. What state and county do you live in?
Denton 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)
April, 2014 (Don't know exact day, but it is within statue of limitations)
11. What is the SOL on the debt? To find out:
Statute of Limitations on Debts
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).
Answer Due (Already responded, today July 18th, with a General Denial)
13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
No, not that I can recall.
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?
Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits
14 days + Monday, Answer has already been filed with a response of General Denial. I didn't find this forum until late last night, unfortunately and was out of time.
No questionnaire was given. Plaintiff's claim is breach of contract for a Mastercard account. My suit will be attached to the post.
16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
No evidence was given other than the below on the original petition papers:
Address, with an incorrect apartment number
Last 4 digits of account number
Account Opening Date
Account Closed Date
After browsing cases on these forums it appears that fighting an OC is a lot more difficult than a JDB, but I think I'd like to try at least. I've read a lot of TexasRocker's posts but I'm not quite sure where to go from here.
My answer has been filed with the claim of General Denial, and I've sent a copy of it stamped by the Court Clerk, mailed as First Class, Certified, Return Receipt Requested.
What is the best route to go when fighting an OC? Should I file a motion for discovery against the Plaintiff? I don't really have any information on this account. The account is no longer showing up on my credit report either, not sure what that means.
I appreciate any help that's offered, thanks in advance!!!