Puellappt

Summons Answer

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I was served on Oct 12 and became very ill shortly thereafter and am on bedrest. I realize my answer is due by early next week. My first question is, Can I get the form to Answer this here on the site?

Summons says the Plaintiff is Capital One and the law firm is Brachfeld and Associates. According to my credit report this Account charged off January 2007. From reading other threads I assume I must answer with a request for proof of ownership, is this correct, even though they state Capital One as the Plaintiff on the summons?

Ideally, I could use an extension to answer this, any ideas on how to obtain this?

Any recommendations and advice will be greatly appreciated.

Puellappt

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My first question is, Can I get the form to Answer this here on the site?... Capital One as the Plaintiff on the summons.

If you're defending against an original creditor and the debt is still within statute, the typical debt collector responses may not be of much use to you. You'll want to look at some typical defenses to breach of contract, and look for other help from TILA and other resources for possible ways to miitigate the amount you're being sued for.

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Wow...was served in Sep 08 and used a lawyer, but can't give you legal advise. What I did was used my lawyer! Okay, they answered the court 9whatever county, parish you reside in as to see if you can have an extesnion of time due to your medical; present medical evidence to show you cannot attend. In most of these "suits" the victims do not show up and the "suit" is won based on default.

Most credit cards have a mediation clause now, did they make this option available prior to taking this lawsuit? Lots of question, but my advice would be to make them take time in court and seek discovery on what they have-you'll have the info here.

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