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Capital One summons


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Hi I recieved a summons and have 21 days to reply. I am not sure what I have to do.The summons is from a attorney for Capital One. This isn't the first time I heard from this attorney. After the first letter from him I requested a dv. The only responce I recieved was a statement from Cap-one.Also a copy of a application for the card. The next thing I get is a summons that I don't know how to answer.

Thanks

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Is it the original creditor (OC) or a junk debt buyer (JDB).....the name under "Plaintiff" will answer this. If it is the OC, it will be harder to fight.

Go here and start reading: http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=252142

And you need to get familiar with your rules of court procedures (RCP's)

You need to answer the complaint, the way it is laid out, admitting or denying the plaintiff's allegations.

Then you need to apply "affirmative defenses" (the ones that apply)

And if there is an affidavit attached stating a person's name who knows the debt to be true, you need to file a motion to strike it or file your own affidavit that is called a "sworn denial" (read about it here: http://debtcollectionlawyer.blogspot.com/2006/08/how-to-not-pay-your-debt-or-beat_03.html )

Start on this as soon as possible because there is a lot to read and learn. Try to spend a few hours a day reading the stickies here and especially the ones where people have won their cases. You will probably find your RCP's on the web.

Read, then read it again, then take notes. There is a lot to cover in a small amount of time.

Good luck

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Now that you have some information on what to say and how to say it, the most important thing to do is to be sure to respond by the deadline!

To quote my friend Regis Sauger, author of Get Out Of Credit Prison: "If you play in a baseball league, and you don’t show up for a game, the other team wins by forfeit. It works the same way in the legal system." If you don't respond or show up in court, they will win a default judgment -- which in some states can stay on your credit report for twenty years!

Being on this forum and asking these questions means you're already on the right track. Good luck to you!

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Well under Plaintiff it says Cap-One then under that it says plaintiff's attorney.So I don't know if it's the OC or not? I can't find the affidavit but not sure what to look for. I know that when I asked for proof of debt they sent me a last statement that's all but not what I asked for.

Thank-You so much

One more thing if it is the OC will they take payments, or what happens then?

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Sundance,

I am only a rookie at this and going thru my personal hell. but if it is any help some things to do:

The first question would be is it the OC" original creditor of a JDB (Junk Debt Buyer). By the sounds of it it is the OC since it didn't say assignee.

first things first you need to take a big deep breath and know that you are going through what a lot of us have gone thru or are going thru.

Don't jump to the phone for answers. It will not help. what will help is start on the top sticky and read thru it. "Start To Finish Winning Against Midland Funding Aka Jdb!"

This will give you the confidence to know that there are laws out there to protect you and that you can fight. It is overwhelming to have someone coming after you but just take it a day at a time. Don't miss your date to answer PERIOD.

Last thing to throw at you ..... My good friend lost his wife to Cancer 3 weeks ago and what he told me was so wise and relevant to all.

If you have a money problem then you don't really have a problem. If you have a problem that money cant solve then you really have a problem. My point is losing money or owing money is not a disaster to your life. Losing someone to a disease is. All else is a inconvenience.

Stay cool headed and read the stickies. Good luck and keep posting and learning.

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Ok I called the number on the summons for Cap-One. Here's the deal they answered as National Attorney Network. As a matter of fact I got the number from a older paper they sent me when I asked for dv. The heading on it is Cap-One.It doesn't say anything about National Attorney Network on it.What a stinking scam, now I'm going to look for a card with Cap-ones real number on it. Let you know.

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