Jump to content

response to summons, if someone could review before I submit :) pretty please


GaleB
 Share

Recommended Posts

1. Who is suing you? Law office of Ross Gelfand, representing Capital One

2. For how much? $1553.09, plus unstated fees and interest

3. Who is the original creditor? Capital One

4. How do you know you are being sued? Sheriff served papers

5. How were you served? Were you served? at home

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? GA

8. When is the last time you paid on this account? over 1 year

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). *Not sure, my response to the summons is due on the 6th

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, my original contact with this company was the summons, it even has the debt validation notice on the summons

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? yes, response is due on the 6th. The summons is a complaint on Account, states that I am a resident etc. demands $1553.09 and asks for summary judgement.

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? nothing at all was appended, just the notice of service and complaint.

14. What is the SOL on the debt? To find out: it's not out of sol :(

This is my response so far, thanks to all you posters here for the information. If anyone has feedback, please do it quickly, since this should be filed by tomorrow (I'd like to be a day early, just in case)

address

Superior Court of ****** County

State of Georgia

Capital One Bank, Plaintiff

Vs

*********, Defendant

Civil Action File #*************

Response to Complaint on Account

Comes now the Defendant in the above-state action and responds to the complaint with the following:

1. Affirmed. *(residency)(didn't see any trouble with affirming that)

2. Denied. Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. *(indebtedness in the amount of $1553.09)

3. Denied. Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. *(demand has been made upon said defendant for the balance due. Despite said demand the Defendant has failed and refused to pay.) (lies)

4. Item #4 is a simple statement of fact, requiring neither denial nor admission. However, pursuant to The Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (B), a letter addressed to the Law Office of Ross Gelfand is appended hereto stating the debt is disputed and requesing validation from the Plaintiff. Under the FDCPA 15 USC 1692 et al., further collection activity is expressly forbidden until validation has been made. *(item #4 is the standard validation notice)

WHEREFORE, Defendant awaits Plaintiff's timely response with information showing that alleged debt exists. If such information is not produced in a timely fashion, Defendant prays the court dismiss this claim with prejudice.

Date: September 5, 2007

__________________________________________

************

Defendant

**Thank you so much for any feedback you can give, I'm kind of scared about this, any reassurance would be great or any info on what comes next. I'm overnighting the debt validation notice to them with the court papers tomorrow.

Link to comment
Share on other sites

Let me know how this goes - this is EXACTLY the situation I'm in. I got a nearly identical summons, only mine included some badly photocopied credit card inserts (with no interesting information). I might copy your form!

Link to comment
Share on other sites

Steadfastly ask for assignment. Generally the Court hands out default judgments like candy to the JDB's because hardly anyone shows up or asks for assignment.

It's hard to stand in front of the Court and demand that the well experienced lawyer sitting across from you prove he/she is authorized to collect the alleged debt. Address the Court in a respectful yet firm manner and demand that the CA show affidavits from the OC that corroborate the alleged debt and assignment.

Be sure that the assignment is from the OC, not someone working in the CA's office. This would be meaningless without supporting evidence from the OC.

You should also file a Counterclaim and ask for $1000 in damages for failing to verify the debt. When you sent the CA a DV then you probably asked for assignment. If they don't prove assignment to the Court then you have support for your Counterclaim. You could get your case dismissed and go home with $1000.

Link to comment
Share on other sites

Assignment is an agreement, contract or some sort of bill of sale from the OC which either authorizes the CA to collect the Bad Debt for the OC or sells all rights of the Bad Debt to the CA.

In my personal cases, demanding assignment has worked well. You start out by respectfully asking for assignment. The CA is given a continunce to get the assignment. If they do not produce it, the case should be dismissed.

If after a continuance the CA does not produce the assignment and tries to convince the Court the Bad Debt is real by any other means, the Defendant should then respectfully steadfastly demand assisgnment.

Check out this sticky:

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=252142

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.