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Name spelled wrong on summons and complaint cap one


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Just received and summons and complaint today from Nelson and Kennard attorneys for Capital one based out of California. I am in Oregon. I defaulted on a card in 2002, they are stating Jan 04, they also spelled my first name wrong (this is the first thing that jumped out at me)- can the summons and complaint be dropped based on this error?. I plan on doing more research on how I respond to a summons and complaint in Oregon- I was under the impression that if they were based out of California they would not try to sue and since it was so close to the statute I was waiting it out. Any links anyone can provide specific to Oregon? Any idea how I could find proof of the actual default date, if I do need to go to court? I am not even sure what my first step should be, I don't want to jump the gun and loose on a technicality, the amount is only $1034.90 so an attorney would not make much sense. Any suggestions?

NOT AN ATTORNEY; THIS IS NOT LEGAL ADVICE.

As I see it, the name misspelling is probably inconsequential and will not have any effect on the proceedings -- an error has to be material and substantial for that. However, the date being incorrect may, but all the plaintiff's atty has to do is file an amended complaint. It may slow things down a tiny bit, but not likely to halt the proceedings. Your own research will provide you with the answers. Did you make any payments after 2002? How do you think they came up with the Jan '04 date?

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If you have copies of your credit reports, those should state when the account was last paid on. Your statute of limitations starts 30 days from the last payment provided you have not paid on it since that time.

You need to search (google.com) for these things:

"oregon, civil procedure"

"oregon, statute of limitations"

You are looking for a website of the court listed on your summons. You may also call the court clerk with any questions about the time limit for filing an answer. I've found them a very helpful source of general information like that.

You also need to research the oregon statutes for something like "consumer credit code" or "consumer protection act". In some states, even making a promise to pay the account (if it can be proven) is enough to reset the statute of limitations.

I'm not an attorney either.... just going through this in two separate cases.

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I was under the impression that if they were based out of California they would not try to sue and since it was so close to the statute I was waiting it out

Usually they'll just send the summons to your last known address so moving won't stop you from getting sued. Since this is recent and more than likely within SOL it's not likely the judge will decide this in your favor. Based on that I would call them and offer to settle for 50%. They'll take that in a heartbeat.

Of course check the SOL laws for your state and try to determine when this account went delinquent (if you have any records, cancelled checks, etc.). You might be able to use that in your defense. You can Google "how to defend a lawsuit" for sample Answers and Defenses, but keep in mind those are just samples. You'll want to know the rules of civil procedure (RCP) for your locale before you do anything.

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