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Statement of Claim - Capital One Bank

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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.


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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.

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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."

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