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Need to answer a summons, but WHO is really suing me?


jerry5
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1. Who is suing you?

Eskanos & Adler PC for Capital One

2. For how much?

$5,776.41 + 10 %, plus attorney fees

3. Who is the original creditor?

Capital One

4. How do you know you are being sued?

Because I received a summons a week ago

5. How were you served? Were you served?

By some coming to my front door and leaving the summons with me

6. What was your correspondence (if any) with the people suing you before you think you were being sued?

None, I have never heard of Eskanos & Adler

7. Where do you live?

CA.

8. When is the last time you paid on this account?

about 8 months ago, I honestly cannot remember.

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or B) looking it up online (many states have this information posted daily).

I.m not sure, I know I must provide an answer to the summons

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

Not with the credit bureau, but I have already with the OC and a debt collection agency (NCO), but I was not given a chance with Eskanos & Adler

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now.

No, I didn't find out about it until I received the summons.

12. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. 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?

Yes, it requires a response in 30 days. The charges are this, their exact words,line by line:

1. I, the undersigned, certify and declare that I have read

2.the foregoing complaint. I am an attorney and an employee of

3.Eskanos & Adler, P.C., the attorneys for plaintiff. Plaintiff

4.is absent from the county where Eskanos & Adler, P.C. has it's

5.offices and is therefore unable to veirfy the complaint. For

6.that reason, I am making this verification for and on behalf

7.of that party. Except as to paragraph 7 of the complaint, I am

8.informed and believe and on that ground allege that the matters

9.stated in said document are true. As to paragraph 7 of the

10.complaint, I have read that paragraph and know the contents

11.thereof. The same is true of my knowlegde and on the basis of

12.the business records of the plaintiff and my review of available

13.factual information.

14. I declare under penalty of perjury under the laws of the state

15.of California that the foregoing is true and correct.

16. It's then signed by one lawyer out of the four that are listed there. I cannot decipher his signature at all to even say he's one of the four.

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?

Nothing

14. What is the SOL on the debt? 2 for verbal or 4 for signature contract.

To find out:

http://www.creditinfocenter.com/rebu...itations.shtml

I need and want to answer this summons, but:

1. I'm not sure exactly where paragraph 7 is that is mentioned a couple of times??? I only see two paragraphs or is each line (or sentence) considered a paragraph?

2. I do not know these people and I cannot answer if this particular person is really a lawyer of not or who actually signed this summons.

3.They mention they are unable to verify the complaint?

4.Capital One is the plaintiff in most areas where it asks that, but they are the plaintiffs as well on the certificate of service.

5.They also ask in the area where plaintiff prays under the "other(specify)"area, that "All notices, letters, payments, and other papers are to be mailed to plaintiffs attorneys Esaknos & Adler,PC., until such time, if any, that you receive formal written notice of a change or substitution of attorneys by plaintiff. I don't understand why they don't already have all this info. since Capital One is suing me?

Something stinks here, I just don't know where to look and any help in this would be greatly appreciated. The original creditor has charged-off this account, and from there it went to NCO. I did send NCO a validation letter and never heard back from them. I'm only guessing it went from NCO to this firm and they have not validated anything but are suing instead. Now that I know about it, I'll be sending them a validation letter by certified mail tomorrow.

I'm new to this forum, so I'm still looking around and I appreciate you guys! Any help is greatly appreciated.

Sincerely,

Virginia

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1) Each paragraph is considered separately.

2) It probably is their lawyer.

3) Only the plaintiff (not their lawyer) can actually verify a complaint, because that means they basically swear that what is mentioned in the complaint is true. It would be best for you to file a verified answer.

4) Not uncommon (if I understand you right).

5) Capital One is suing you, but E&A probably don't have EVERYTHING from Cap1.

That does seem rather quick for them to sue you, though.

NCO may have just been a collection agency, they act as both a distressed debt purchaser (aka JDB or junk debt buyer) and a collection agency. Given that, it's hard to know what role they took, especially on such a recent delinquency.

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Lawyers often verify complaints when teh plainitff doesn't live or have an office in teh county in which the case is brought. You are looking at the verificaton. What does it say on the summons and complaint? Cap One? Or NCO as assignee of Cap One? Or someone else? If this is causing you confusion, please go see a lawyer.

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Hello and thank you both for replying, I appreciate it. In response to what the actual summons says is this:

1. I, the undersigned, certify and declare that I have read

2.the foregoing complaint. I am an attorney and an employee of

3.Eskanos & Adler, P.C., the attorneys for plaintiff. Plaintiff

4.is absent from the county where Eskanos & Adler, P.C. has it's

5.offices and is therefore unable to veirfy the complaint. For

6.that reason, I am making this verification for and on behalf

7.of that party. Except as to paragraph 7 of the complaint, I am

8.informed and believe and on that ground allege that the matters

9.stated in said document are true. As to paragraph 7 of the

10.complaint, I have read that paragraph and know the contents

11.thereof. The same is true of my knowlegde and on the basis of

12.the business records of the plaintiff and my review of available

13.factual information.

14. I declare under penalty of perjury under the laws of the state

15.of California that the foregoing is true and correct.

This is the whole thing, number by number and what I must answer to...I just cannot see more than one paragraph here, which is why I asked if "each" number itself is considered a paragraph by law? The above mentions paragraph 7 twice, but I do not see it.

This is what makes if difficult to answer the summons and I cannot afford a lawyer unfortunately...actually the ones I called, don't want to bother. I've tried already and I was told to just pay whatever they want, work out a settlement, even if it's the wrong amount they're asking...that I really have no chance of trying to stand up against debt lawyers who are probably lying their heads off but know what they can and can't get away with and it's why most consumers always should expect to loose.

I have NEVER been proud of this debt and I have tried in everyway possible in the beginning to work out not only a settlement(family member volunteered to lend the money) with the original creditor, and even asked for a payment plan...both to which they declined and continued to add all kinds of fees,etc. I even asked that they close the account...but the OC said they could not, until the balance was all paid up in full.

The late payments started when my husband's overtime was gone, and the CC payments doubled because of some new law that had passed, making it impossible to keep up with the original creditor. Our credit was always great before this.

I honestly think a large majority, if not most lawyers, look at people like us as criminals, just dying to not pay our bills (that may be the case with some), and have our credibility shot, hassled to death by your phone ringing all day long that you have to change your phone #, etc. just for the heck of it.

When I was told to just give them what they want...I thought to myself," how many people would give some stranger that came to their door and said, "I'm here to collect for so and so...you don't have to know anything about me or who I am, just give me the money!" ...actually give them the money?? None of us would. I apologize for rambling on, but I honestly know I tried my very best, other than starving my family to make this debt good with the OC and nothing moved them to help. It's very hard to keep thinking of this as a moral problem... it's becoming more of a way businesses do business.

For now, I will not hesitate to research and learn and stand up and fight for my rights...even though, I'm well aware that there's a good chance they may win, because I'm unaware of alot of things and all the paperwrok involved. If they do win, then we will learn to be on a diet.

Thank you once again,

Sincerely,

Virginia

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This is the whole thing, number by number and what I must answer to...I just cannot see more than one paragraph here, which is why I asked if "each" number itself is considered a paragraph by law? The above mentions paragraph 7 twice, but I do not see it.

You'll need to answer the individual allegations in the Complaint, not the summons. There has to be more. How much paperwork did you get?

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That's what I thought as well, that there should be other paragraphs. I've already got a copy of the original summons to make sure they gave all of it to me. I just need to know more or less how to word the allegations on the summons ,so if any of you guys can help after the after Christmas I would appreciate it. I apologize that I even have to ask for help during this time of year, but I guess it works out good for the DC/lawyer.

I received my first letter from Eskanos today, stating they have been notified by their process server that I have now been served with a summons/complaint. They are inviting me to contact their office regarding the above account to discuss resolution before they have to go further and potentially asking the court to enter a judgement against me.

They mentioned once a judgement is entered, it is public record and may appear on my credit report. Also, if a judgement is obtained, additional costs and interest may be added to my balance. They want me to call their 800# to resolve the matter. This is a communication from a debt collector.

Questions:

1. Once I file an answer (should it be sworn or does it matter), what other forms can be filed at the same time to go along with the answer, so they are required to prove that I owe the full amount of the debt?

2. Since I disputed the amount with the OC by a certified letter,and they responded with telling me they have no paper copy of any contract on file that was signed by me, because I "might" have opened up the account by phone or internet, they are not sure...are they still allowed to put down on my credit report " charged-off " and not mention that the amount was disputed?

2. After charge-off, can OC's legally go to court to collect from you? Do they have to show up in person?

Thanks you guys, and have a great Holiday!

Virginia

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You do not have everything. The complaint must have a statement of facts upon which relief can be granted (In other words, why they are suing you). It must also state what relief they are seeking (In other words, WHAT they want- how much money and so forth).

That is what you answer, not the summons.

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I'm surprised Cap1 is suing after only 8 months of default. Usually they like to sit on a few years of interest.

I am too -- I see it as bad strategy for a couple of reasons.

1) interest they can charge post-judgment is lower.

2) shortens the possible collection time. For example if they sue when a debt is 1 year past due in a state with an SOL of 4 years, they are shortening their window to collect by three years.

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i have some questions?

have you checked with your courthouse to see if this suit has been filed?

is this atty located in your state?

the fact that they have not really sent any info to you does not mean anything, you must still provide an answer...within the timeframe listed in your rcp for your state.

there doesnt appear to be much info though for you to file an answer on other than the person who is swearing is not listed other than plaintiff, and since there is no affadavit to that affect that should be disputed...

if they are not filed at the court house this may be a scare tactic on the attys part....and it is not uncommon for an oc to give to nco and when you dispute with nco they turn it back to oc...

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I am too -- I see it as bad strategy for a couple of reasons.

1) interest they can charge post-judgment is lower.

2) shortens the possible collection time. For example if they sue when a debt is 1 year past due in a state with an SOL of 4 years, they are shortening their window to collect by three years.

My last payment to them was in March of this year...so it's been about 9 months by now. Even though they refused me a payment plan and settlement (I wrote them to let them now a family member would allow me to borrow 60% to pay them off)... I don't trust them as far as I can thow them! Since the OC has laready charged this account off and ruined my credit score, I need to know how to actually "word" an accusation, so if any of you guys have already been thru this, please post some examples of what has worked for you, so I can have a general idea as to how to answer things.

I know what I do and learn here is solely based on my own responsibility and not yours. I do plan on fighting this the best I can, but finding adequate legal help has been very difficult.

Thank you guys for all your help,

Virginia

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