Summoned. Time to Pony Up.

[notagain]

Well, gang, I've decided to go for it, and give this my best shot. Thanks for all your help...

1. Who is suing you? CAPITAL ONE BANK (USA), PLAINTIFF

2. For how much? $1700

3. Who is the original creditor? CAPITAL ONE BANK (USA)

4. How do you know you are being sued? Civil action number is provided on summons, but I haven't verified it.

5. How were you served? Were you served? Open, envelope without postage left inside my mailbox. That pisses me off.

6. What was your correspondence (if any) with the people suing you before you think you were being sued? No correspondence I am aware of. I get a lot of phone calls, and delete the messages on my answering machine.

7. Where do you live? MA.

8. When is the last time you paid on this account? Fall 2007

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 idea. Just got the summons.

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? It says I will lose if I don't respond, so, I'm pretty sure I have to!

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? No affadavit or exhibits. Only a Uniform Counsel Certification For Civil Cases.

14. What is the SOL on the debt? To find out: 6 years.

The attorney for plaintiff is out of state and has a BBO#. I've heard of the firm before.

Complaint says:

1. Plaintiff is A NATIONAL BANKING ASSOCIATION

2. Defendant reside in bla bla bla

3. That the Defendant was extended credit.

4. Defendant failed to make payments for the credit extended. The total balance due is $xxxx.xx as of 0x/xx/08

5. that heretofore, Plaintiff rendered to Defendant monthly, full and tue accounts of the indebtedness owing by the Defendant as a result of the credit extended, in an amount as hereinabove set forth which account statements were delivered to the Defendant resulting in an account stated for the amount set forth above.

6. Reasonable attorney fees pursuant to the terms of the agreement are due to Plaintiff from Defendant.

WHEREFORE, plaintiff demands judgment against defendant for the sum of $xxxx.xx with interest at 19.xx% from 0x/xx/08, the date of demand, on $xxxx.xx together ith costs and disbursements and reasonable attorney fees.

CAPITAL ONE BANK (USA), N.A.

by its attorney,

signature

name

law firm

address

out of state

telephone number

BBO#

Then there is a statement of damages attached to the complaint that reads 'Pursuant to a credit agreement, there is now due and owing as of: 0x/xx/08 $xxxx.xx' signed by attorney and my name listed as defendant.

Is my next step a 'Notice of Appearance'?

Or, do I just submit an answer?

I wish there was a nice, neat little flowchart showing the process. After reading scores of posts, I only have a very vague idea of what to do... Plus a headache. Thanks all!

notagain

[legal_loansharking]

Cap 1 is good with suing. They have good records.

The first thing I would find out is if the out of state attorney has a license to practice in your state. Go to your state Bar association website, you can typically search for the attorney.

The other thing to remember, the attorney really doesnt care about Cap 1 or you. He/ She wants to get paid. They probably added 500 is fees to the summons.

I would pull my credit report(s) and see how they are reporting the tradeline. Cap 1 always reports a current charge-off, go after them on that. File a counterclaim for them violating the FCRA for making the acct look worse than it really is. They are a national bank, they should have legally charged-off the debt when it was delinquent 180 days. But they just have the habit of reporting it as a current charge-off every month.

After your counterclaim is filed, you might be able to settle for 500.00 to pay the attorney fees and that is all.

From your other post... Do yourself a favor, buy a tape recorder and record all of the collection messages left for you. Hopefully you will get some good material when the JDB's are calling and leaving messages saying things on the answering machine that they cannot legally say. You then can use it against them in court if they ever sue you.

[notagain]

Thanks so much, legal!!! I'm working on everything you suggested.

Cap 1 is good with suing. They have good records. Too bad...

The first thing I would find out is if the out of state attorney has a license to practice in your state. Go to your state Bar association website, you can typically search for the attorney. Yes, they do. Found it at the MA Board of Bar Overseers.

The other thing to remember, the attorney really doesnt care about Cap 1 or you. He/ She wants to get paid. They probably added 500 is fees to the summons. OK...

I would pull my credit report(s) and see how they are reporting the tradeline. Cap 1 always reports a current charge-off, go after them on that. File a counterclaim for them violating the FCRA for making the acct look worse than it really is. They are a national bank, they should have legally charged-off the debt when it was delinquent 180 days. But they just have the habit of reporting it as a current charge-off every month.

After your counterclaim is filed, you might be able to settle for 500.00 to pay the attorney fees and that is all. I will give this a try. Sounds like a plan.

From your other post... Do yourself a favor, buy a tape recorder and record all of the collection messages left for you. Hopefully you will get some good material when the JDB's are calling and leaving messages saying things on the answering machine that they cannot legally say. You then can use it against them in court if they ever sue you.

OK. On it.

Thanks for all your help. I'll post when I get the CR info.

notagain

[notagain]

Spouse gave me recent Transunion. Capital One isn't even on it? How bizarre is that? They are listed as making an inquiry, though. I know I had an account with them at one time. Possibly two..

notagain

[IrishDMBF]

It may be past the Statutes of Limitation (SOL) then!!!!

When was the last time you paid on the account? If it isn't listed on your report its over 7.5 years. It then depends on your state's SOL. Most states have SOLs shorter than 7.5 years

[notagain]

It may be past the Statutes of Limitation (SOL) then!!!!

When was the last time you paid on the account? If it isn't listed on your report its over 7.5 years. It then depends on your state's SOL. Most states have SOLs shorter than 7.5 years

Hi Irish!

Thanks for your interest. My SOL is 6 years. The account was DEFINITELY paid on within that time. I'm thinking the problem lies with TRANSUNION. I realize they have one of my cards on my spouse's report, and one of her cards on my report! They have really screwed up the reports...

notagain