DoogieHowser Posted May 25, 2007 Report Share Posted May 25, 2007 Hi everyone, I'm new here. I'm not sure this is the right section for this? I just recently received a "Statement of Claim" letter from "Zarzaur & Schwartz, P.C. Attorneys at Law."This is in regards to a Credit Card debt, of approx $2000, from Capital One. I still need to get my current credit report, but I looked at it last year and it said the last payment I made was around February/2002. I've lived in Alabama throughout having this card/debt. I was hoping I could use the 3 year Statute of Limitations for "Open Accounts," but then I've read some say that a credit card could be considered a "Written Contract" which would mean 6 years in Alabama. Please, I need help in knowing which category my credit card debt would fall under.The letter goes on to say:"You are being sued in the above court by the plaintiff(s) shown above. The judge has not yet made any decision in this case, and you have the right to a trial to tell your side.""However, if you, or your lawyer, fail to answer this complaint within fourteen (14) days after you receive these papers, a judgment can be taken against you. Once a judgment has been entered against you, your paycheck can be garnished and/or your home or property sold to satisfy that judgment.""The above is a copy of hte top part of a LAWSUIT that will be filed against you in the Court referenced above. This is an attempt to collect a debt and any information obtained will be used for that purpose. PLEASE CONTACT OUR OFFICE AT..."Does anyone have any suggestions on what I should do? Do I respond to this letter with another letter? Please, any help is appreciated.Thanks Link to comment Share on other sites More sharing options...
hiblues Posted May 25, 2007 Report Share Posted May 25, 2007 Post this in.. is there a lawyer in the house section... Link to comment Share on other sites More sharing options...
DoogieHowser Posted May 26, 2007 Author Report Share Posted May 26, 2007 Anyone have any suggestions? Link to comment Share on other sites More sharing options...
cjtx Posted May 26, 2007 Report Share Posted May 26, 2007 Check with the court clerk to see if they have filed already. CAs are known for being deceitful and telling debtors there is no need to show in court and getting default judgments because you didn't answer on time.If they have not filed yet, IMMEDIATELY send a DV letter CMRRR. Link to comment Share on other sites More sharing options...
DoogieHowser Posted June 2, 2007 Author Report Share Posted June 2, 2007 Thanks for the response.What's a DV letter? Link to comment Share on other sites More sharing options...
cjtx Posted June 2, 2007 Report Share Posted June 2, 2007 What's a DV letter?DV stands for Debt Validation. Make them show you it's yours and stop collection activities until they do.Note: it only applies IF the lawyers suing you on behalf of Capital One are mainly in the business of debt collection.Have your answer ready in case they already filed. Link to comment Share on other sites More sharing options...
DoogieHowser Posted June 3, 2007 Author Report Share Posted June 3, 2007 I just checked my credit report and it's only showing a "24 - Month Payment History" for the card. June/2005 - May/07. It's not showing anything previous. Should I use a different credit report company? The one I used was Experian's FreeCreditReport.com.Under the "terms" section, it says "Revolving." Link to comment Share on other sites More sharing options...
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