Second Summons Received

[ChristinasAunt]

I guess I'm on the list! I received a 2nd summons yesterday stuck into my front door. I do not know yet if one has been put in the mail to me, but I expect it has & I will receive it soon. Here are the details

1. Who is suing you? Capital One Bank

2. For how much? $3,619.54

3. Who is the original creditor? Capital One Bank

4. How do you know you are being sued? Summons received in my front door. This summons is NOT dated by the Deputy Sheriff. I have NOT received any other form of communication from the prosecuting attorney.

5. How were you served? Were you served? See answer above

6. What was your correspondence (if any) with the people suing you before you think you were being sued? NONE. Summons is first notification.

7. Where do you live? Massachusetts

8. When is the last time you paid on this account? Unknown. According to EQ, date of last payment is 05/2003

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). No court date yet.

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

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, I do need to respond. Here is what they are claiming:

1. The Plaintiff, Capital One Bank, is a duly organized corporation with its usual place of business at 6851 Jericho Turnpike, Syosset NY 11791

2. The Defendant(s), (my name) is (are) and individual(s) presently residing at (my address)

3. The Defendant (s) owe (s) the Plaintiff the sum of $3,619.54 for outstanding credit card debt associated with form account number xxxx-xxxx-xxxx-xxxx.

WHEREFORE, the Plaintiff demands judgment against the Defendant (s) in the sum of $3,619.54 plus interest from November 29, 2007 and costs.

JURY CLAIM: Plaintiff claims the right to a jury trial

Signed by the attorney representing Capital One.

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? They sent the Counsel Certification for Civil Cases & Statement of Damages G.L. c. 218, SS 19A(s)

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

Here's what my credit reports state:

EQ

Date Opened: 11/1999

Date Reported: 11/2007

Date of Last Payment: 05/2003

Date Major Delinquency First Reported: 12/2003

Current Status: Charge-Off

Date of Last Activity: N/A

Comments: Charged off account, Account closed by credit grantor.

TU

Date Opened: 11/1999

Date Closed: 12/2003

Date Updated: 01/2007

Pay Status: Charged off as bad debt

Remark: Account closed by credit grantor

EX

Date Opened: 11/1999

Date of Status: 12/2003

Last Reported: 01/2007

Status: Account charged off/Past due 150 days. $2,593 written off. $3,373 past due as of Jan 2007

Creditor's statement: Account closed at credit grantor's request

As I stated on another thread, I pulled TransUnion & Experian in February 2007. For some reason, I was not able to pull Equifax's at that time but did so in December 2007 when I was served with a different summons.

Since I was never contacted by this lawyer, I have not sent a DV to him. What do I do now?

Thanks!

[Rick9972]

Dang!!!! Sorry Really have nothing to offer except to suggest that you not answer your door for a while.

I would suggest you try and settle with Cap One. They keep excellent records.