rodeogal Posted August 25, 2008 Report Share Posted August 25, 2008 I just rec'd a summons today from a JDB attorney showing that I had been sued. It lists a JDB as the CA and the OC as Capital One. Count I - Breach of Contract. Says I made written application or credit card or signed receipts making this a written agreement. Count II - Suit on Account. Says I owe Elite Recovery now as they own the account. Count III - Quantum Meruit. Says pretty much same as Count II. All three Counts list balance, interest, and legal fees. The final page is an Affidavit of Account which states that Elite owns the account and it is signed by the Asset Manager of Elite.There are no instructions on how to answer this. What do I say? How do I know what DOLA is on the account? I just pulled my CR and the CapOne account shows closed 08/2005 and sold. Elite is reporting it as collection account. Please tell me what I do now? Do I have to have an attorney? How do I know if my state considers revolving account written or open accounts? This sucks... Link to comment Share on other sites More sharing options...
NYMatt Posted August 25, 2008 Report Share Posted August 25, 2008 1. Did you get personally served or a family member got the summons from the process server or did it come by mail ? Your answer may effect the time you have to answer.2.Call the court listed on the summons to find out if is real and not bogus.3.Research your local rules of civil procedure. Link to comment Share on other sites More sharing options...
rodeogal Posted August 26, 2008 Author Report Share Posted August 26, 2008 The summons came via restricted mail. It is legit. Now, how do I answer it and where do I find civil law rules for OK? Also, I believe it to be a small claims suit. Does this make a difference? Oh Yeah....how do I find out for sure the DOLA on this account? Link to comment Share on other sites More sharing options...
ALVA Posted August 26, 2008 Report Share Posted August 26, 2008 The summons should include the name of the court and have a number of the court clerk. If not just call your local court house and ask for the number for the court clerk in small claims or whatever court you were sued in. Ask the clerk where you can get the rules of procedure for that specific court...they may have them online, or fax them to you, or have a brochure you can pick up. Ask her about answering too, whether there is a form, how long you have etc. The court clerk can answer all procedural questions. Link to comment Share on other sites More sharing options...
merrybucks Posted August 26, 2008 Report Share Posted August 26, 2008 Oklahhoma RCPs http://www.served.com/ok.asp Link to comment Share on other sites More sharing options...
kimmie Posted August 26, 2008 Report Share Posted August 26, 2008 I just went thru this in OK -- I'm sure it will be in District Court. Who are the attorneys? Most important thing is make sure you file your answer.I just got a dismissal with prejudice. However, it was a long, drawn out process and I had to make it really tough on them to continue. I did have a counterclaim against them which definitely helped on them being willing to dismiss. OK carries $5,000 for misrepresentation on credit report.OK is tough on trying to get 3 year SOL on accounts. They pretty much go with the written contract 5 years.If I can help you on specific questions, let me know. Link to comment Share on other sites More sharing options...
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