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Summons_Advice Please


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1. Who is suing you?

Apot***** & Associates, P.C (Is it ok to reveal?)

2. For how much?

$1616.50

3. Who is the original creditor?

Capital one bank

4. How do you know you are being sued?

I received a letter from a solitcitor to help. Then I got the mail letter from a sheriff

5. How were you served? Were you served?

I was served by a a local sheriff

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

None

7. Where do you live?

Pennsylvania

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

Not sure- But I think Oct 2003

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).

Since I have been summoned Im assuming case is filed.

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

No

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

No

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?

It says I need to respond 20 days after the complaint has been served.

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

They sent this "Exhibit A"- Account number,Date,balance & name and addresses

43ng5e0.jpg

14. What is the SOL on the debt? To find out:

3 years 5 months (approximately). PA SOL says its 6 years :(

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This is the complaint letter I received-

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My questions -

(1) - What do you think of my responses to the summons?

1. and 2. are name and addresses of the plaintiff and the defendant. (Actually my address is partly incorrect)

3.Denies - this request calls for a conclusion of law and is improper

4.Defendant is without sufficient information

5.Denies - this request calls for a conclusion of law and is improper

6.Denies - this request calls for a conclusion of law and is improper

7.Denies - this request calls for a conclusion of law and is improper

8. Defendant is without sufficient information

(2) - Does everyone send the 28 affirmative defenses along with the summons? (I got them from the CD, that I bought). Should I?

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Does everyone send the 28 affirmative defenses along with the summons? (I got them from the CD, that I bought). Should I?

No, that's ridiculous.

I see a potential problem with ownership of this account. Is CapOne suing you through their attorney or is a JDB or CA trying to sue you and using CapOne's name as the plaintiff. You'll want to challenge chain of title on this. You might have a lack of standing defense.

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I see a potential problem with ownership of this account. Is CapOne suing you through their attorney or is a JDB or CA trying to sue you and using CapOne's name as the plaintiff. You'll want to challenge chain of title on this. You might have a lack of standing defense.

Im not sure if its Capone` attorney OR JDB/CA-Can someone please tell me

(1) In the complaint (pic below)it has as Plaintiff,Capone, is a company with its principal place of business at .....> *address of attorney/Apo***** & associates*

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(2) At the end of the complaint (pic below) it says-

Apo & associates

Attorney for plaintiff

A law firm engaged in debt collection

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Can some one please tell me if its Capone` attorney OR JDB/CA.

Im guessing its JDB.

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