Help

[skully109]

I have just received a summons from the law firm handling the case for cap 1. It said I do not have to appear in court but they need me to answer. I DV'd them once when I had first received notice stating i had 30 days to respond or it was deemed valid, which was in january of 07 and didnt hear anything. DV'd them again about 3 months later and got 2 statements of past bills from like 2 years ago. Now I get summons. I called a lawyer and didnt hear anything back.

I got impatient and called law firm handling case. Original balance was 3000 now up to 5200, and they told me I had to pay 1500 and 178/mth until paid. What should I do?????? I dont have 1500 right now but want it taken care of because I dont want them to freeze my account. What is my best option???????

[elyse449]

Hi,

In order to help you--folks will need some basic info as indicated in the last sticky.

To save you time, here are the questions;

1. Who is suing you?

2. For how much?

3. Who is the original creditor?

4. How do you know you are being sued?

5. How were you served? Were you served?

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

7. Where do you live?

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

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

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

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

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?

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

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

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

[skully109]

Sorry!!!!, I guess you are right

Here Goes:

1. Capital One is suing me, but they are using a law Cohen & Slamowitz, which is located in same state firm to do it for them.

2. They say for 4300 in summons ordered to me plus interest from may 07 until now, I have seen a figure on my credit report that says 5200 so i dont know the exact amount but that is the roundabout.

3. Original creditor is Capital One

4. I know i am being sued becausde I received a summons that my brother signed for me so I have 30 days but they came to my door 15 days after it was filed in Civil court. The summons said that I do not have to go to the court but they need an answer from me or else judgement would be set against me.

5. I was served but I was not here so my brother received it for me.

6. No correspondence, only certified letters of debt validation, and they kept sending me letters saying I need to pay this debt or further action would be taken.

7. I live in New York

8. The last time paid on the account was about 2 years ago.

9. There is no case, but they filed it with the civil courts, or local courts if not civil.

10. When I first received the letter from Law firm handling case for Capital One, I sent a Debt validation letter, (January 2007). Then told them they had 30 days to respond and nothing until 2 months later just after I sent the second follow-up letter along with original DV letter, 2 days later I receive two bill statements from 2 years ago which just showed me like a billling statement with my name, account, and balance due, and a page on terms and agreements. I disputed just with law firm.

11. I did request debt validation, amd wrote a final letter saying I talked to my attorney and offered them a settlement of 30% and thats when summons came

12. No Questionairre, just two sheets of paper stating Plaintiff Capital one vs. Me (defendant) saying I am hereby summoned and required to appear in city court by serving an answer to the annexed complaint upon plaintiffs attorney, then at the bottom it says with a * You need not physically go to the court to serve an answer. Then second page says complaint and then it gives the reasons "As for first cause of action parties entered into an credit card agreement and it goes on to say plaintiff demands judgement in sum of 4001.85 and interest from may 29 as well.

13. Just a complaint letter with reasons why they are filing

14. I believe SOL in NY is 7 years

Thank you for taking time to Read, What do I do now????

[skully109]

Help Me Please!!! Any Insight Would Be Helpful

[montanatim]

Fortunatly settelment offers are not generally admissible. Answer their complaint line by line. The not showing up at the court to answer probably means you can make answer by first class mail. Make at least 3 copys of your answer. Then make out a certificate of mailing.-I (name) certify that I mailed a true and correct copy of my answer to plaintiffs complaint in case/case #xxxx to (plaintiffs name/firm)(their address) on (the date you mail) by first class mail.(suggest CMRR) sign it.

3 or more copys of that. The court gets the originals (answer & certificate)

Plaintiff gets the answer (copy or another original if you execute all originals)

You of course keep remaining copys for your case file.

If you indeed spoke with an attorney, I recommend availing yourself of their services

[skully109]

So does that mean I am basically screwed, or what will ultimately happen to me. Do I just answer yes or no to the response. What is CMRR? Thank you

[chilton1]

Certified mail return receipt requested. (CMRRR)