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Help - Very Worried!

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I am being taken to small claims by an attorney's office representing Capital One. I received an Original Notice (Action for Money Judgment) and I have filed my Deny answer to this notice.

When I received the first letter from this attorney's office I immediately sent a certified letter requesting debt validation. Three weeks later when I still had not received validation I sent another certified letter stating I had not received the validation and requesting they remove any collection listing from my credit report. Now they have filed a small claim even though theY have never responded to my certified letters.

This is a current debt. I made my last payment to directly to Capital One in April of this year. I had been making $50 a month payments on a $1,400.00 bill up until I received this Notice for Small Claims Court from this attorney's office. I have copies of the letters sent, the check numbers and the date the check cleared that I sent to Capital One. Now I'm being sued in small claims. Where do I go from here? I don't know what to do. I am about sick about this.

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first of all once u have been summoned its to late to ask for validation.

suit is in process.

u need to respond to the summons..within the time frame allowed by your rules of civil procedure for your state.

u are eveidently still in sol as u said u last paid in april direct to oc..

if it were me, i would call them and ask to make payment arrangements. I would tell them that i had been doing so until i was sued in small claims..

try to work something out that u can live with...otherwise they probably will get a judgement...

maybe u can borrow the amount from family or friends..u dont really want a judgement...thats why i would call and try to make arrangements.

hope this helps

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Guest Lecasbas

Read this:


Then go to my profile and read the threads I have posted:


You will probably find some of the answers to the questions you have. I am from Iowa too. I am being sued in small claims and district court by attorneys from JDB's.

You can PM me if you wish. I can help you some, however, you will find your most valuable information by continuing to ask questions in this forum.

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I have copies of all letters sent to the attorney's office in Omaha requesting Debt Validation. I also have copies of the letters I sent directly to Capital One. On the letters sent with a payment to Capital One I had a running total of the amount I owe. Capital One chased each check with the running total on it. There is a mediation meeting on June 13 with the attorney's office. I will be taking with me all the copies I have. What should I do at the meeting? What else should I bring?

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