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Being sued by lawyer for credit card company


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I need help. I went into court in November and told the judge I was not sure this was my account. He set a date for January 3 to go to trial. I, in the mean time, requested the signature card for the credit card and also the payments made on the card. It is my card and my signature. However, they have a payment that was supposedly made in June of 2003 for $99.34 and they filed this action against me in June 2007 and did not serve it until October of this year.

How do I dispute that payment. I would and could not have made that payment in June 2003 because I did not have a job. They also have payments being made in 2003 prior to June that I could not have made since I did not work regularly from January until the following August.

Capital One's attorney has sent a long legal answer as to why I should have to pay not only $1005.00 but also another $700 and some change and pay at 11% interest until it is paid.

I cannot afford a lawyer but I need some help. It is my understanding that here in Florida, the statute of limitations on a credit card is 4 years, so that $99.34 was a very convenient payment.

Can someone help me in the direction I need to go?

Thanks!

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