Served In New York

[herepamwas]

The summons has on it my Maiden name and my old address (which is one house down from where I live now). I haven't used my maiden name in 3 years and I haven't lived there in 4 years. On the complaint It states Defendant failed to make the payments due pursuant to such agreement, and $1847.84 is now due and owing to plaintiff from defendant, together with interest on $1375.39 from 1/23/07 at the rate of 22.40% per annum. This is an old Cap. one account and the attorneys are Rubin & Rothman, LLC.

1. Who is suing you? Capital One

2. For how much? 1,847.84

3. Who is the original creditor? Capital One

4. How do you know you are being sued? Received summons and complaint

5. How were you served? Were you served? I was served 10/31/07 while I wasn't home but, at work.

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? Western New York

8. When is the last time you paid on this account? 2005 ish

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). Unknown

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes recently when I was served

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. No

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? No

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? None

14. What is the SOL on the debt? 6 years

I am in the process of working on answering the summons but, as i read the info everyone has provided I just get more confused. Here is what I have and I don't know if it will count.

I. ANSWER

Defendant(s) answer the complaint as follows:

Admit the statements contained in paragraph number(s)  1; except for the following statements: or transacted

business in the county in which this action is brought in person or through and agent, or this cause of action arose out of said transaction.

Deny the statements contained in paragraph number(s)  5, 6    ; except for the following statements      .

Lack knowledge about the truth and therefore deny the statements contained in paragraph number(s)  2, 3, 4  Defendant demands strict proof of contractual agreement.  

II. AFFIRMATIVE DEFENSES

Defendant(‘s), other defense(s) is (are):   

Plaintiffs made no attempt to contact Defendant before filing their Complaint

Plaintiffs’ claims against Defendant are barred by the doctrine of unclean hands.

Plaintiffs’ claims against Defendant are barred by the doctrine of laches.

Plaintiffs’ Complaint has failed to properly identify any defendant.   .

III. COUNTER-CLAIMS

The plaintiff(s) owes the defendant(s) $      because      .

Defendant(s) request that this lawsuit be dismissed and that a judgment be entered against the plaintiff(s) for any counter-claims, costs or attorney’s fees.

Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date.

[montanatim]

Please find the answer to #12 above. Call the clerk of the court at the top of your papers, or go there yourself with papers in hand and find out, if there is really a complaint filed against you. And what the answer period is if this is valid.

[herepamwas]

Please find the answer to #12 above. Call the clerk of the court at the top of your papers, or go there yourself with papers in hand and find out, if there is really a complaint filed against you. And what the answer period is if this is valid.

Yes, it requires an answer. I need to get it in fast though.