jilliep80

Need Help with ananswer to the complaint Please

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Okay so I have ben served a summons by Capital one, well their lawyers, who are debt collectors. I apologize for any typos as I don't have a scanner!! First off I live in Ohio. The last payment on the account was March 2005. First del. May 2005 and the account was charged off Dec 2005. The only thing I have so far is that in the original agreement provided to me in the summons states that VA rule governs. The SOL on CC's in VA is 3 years.

Plaintiff: Capital One Bank USA NA 15000 Capital One Dr. Recoveries PMO Legal Richmond,VA 23238

Defendant: Me

You have been named a defendant in XXXX Court by Capital One Bank USA NA. The name and address of the plaitiffs attorney: xxxxxxxxxx OH

You are hereby summoned and required to serve upon the Paintiffs attorney, or upon the Plaintiff, if he has no attorney of record, a copy of your answer to the complaint within 28 days after service of this summons on you, exculsive of the day of service. Your answer must be filed with the court within 3 days after the service of a copy of the answer on the plaintiffs attorney. If you fail to appear and defend, judgement by default will be rendered againist you for the relief demanded in the complaint.

Defendant:

1. There is due the Plaintiff from the def. upon a cc account, acc. # XXXX, the sum of 3,xxx.xx

2. Attached hereto as exibits are an account statement plus terms and conditions attesting to the amount owed the plaintiff. The remaining account record are not attached hereto because upon information and belief: a) copies were sent monthly to the defendant and are or were in the defedants possession, custody, or control, B) said records were archived by plaintiff and/or c) said account records may be voluminous.

3. Defendant is in default on this repayment obligation

4. Although due demand has been made, the defendant has/have failed to liquidate the balance due and owing.

5. There is presently due the plaintiff from the defendant on the contract te sum of 3,xxx.xx consisting of originl principal in the amount of 2,100.00 as evidenced by the attached statement, plus accrued finance charges and/or interest at the contract rate of 25.90% in the sum of $180.xx through March xx,2006. and an additional sum for interest accumulated from March xx, 2006 to the date of judgement.

Wherefore,the plaintiff prays for a judgement againist the def. in accordance with the contract, in the amount of 3,xxx.xx

a) which consists of original principal in the amount of 2,100; plus

B) accured finance charges and/or interest at the cntract rate of 25.90% through mach, xx2006 totaling 180.xx; plus

c) accumulted pre-judgement interest after 3-xx-06 trough 2-06-09 at the contract rate of 25.90% per annum totalling 1,5xx.xx; plus

d)accumulated pre-judgement interest after 2-06-09 through the date of judgement at the contract rate of 25.90% per annm; lus

e) post judgement interest on the judgement ammount at the contrct rate of 25.90% until paid; and

f) Costs of this action; plus

g) such other and further relief as the court deems just and equitable

Exhibit A: Bankcard Statement information dated 11-12-05

Exhibit A1 and 2: Card member agreement (nearly impossible to read )

Exhibit A3: Official sttement from OCT-Nov 2005 (wrong address on statement)

Exhibit A4: Acceptane Certificate (signed app I guess)

So my question is how do I respond to this!! Any input would be helful!! Also I'm not sure why they use the date March , xx, 2006, when the last payment on the account was march, 2005 and it was charged off in Dec 2005?? Since the account was charged off and they most likely did whatever it is they do for tax puposes can they keep charging me interest??

Thanks so much in advance and sorry for the long post!!

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I am dealing with the same law firm in court right now. First they filed the suit, with their main evidence being a scan of the terms of agreement for the credit card, with no signature. They also admitted in their original filing that they have no statements, contracts, or anything else proving the debt. After my answer to the original filing, they sent me a First Motion for Interrogatories, which basically asked me to prove their case for them. I'll keep you updated, as we have a pre-trial hearing April 20, but make sure you answer the lawsuit so as to not get a default judgment against you.

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I had a lawsuit by them also trial date set in end of april. They sent discovery & ect. I also sent mine just recieved letter they dismissed checked court and they did.send them production of records pages and pages. Helped a friend and relative get thier dismissed they have no proof.

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My promised update:

The cover letter sent with the discovery request noted that I could request the discovery to be sent electronically (email). I sent an email, with return receipt, requesting that and also stated that I would be sending them my discovery motion the same way.

They dismissed the lawsuit after I did that.

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