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Translation Needed: Summons, Plaintiff Complaint, Affidavit, etc. General help.

Legally Illiterate

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This post will be pretty long so I will try my very best to be as brief as possible. I am in Georgia. I am unsure where I stand with the Statute of Limitations at this time. The card was setup in October-November of 2005 and I am unsure of when the last payment was made. The card was in my name, however I was not the one making the payments. I was unaware of any issues until I received the summons today. Specifically in the last few hours when I arrived home and was told about it by someone I live with.

It was delivered however I was not here and I did not sign for it, but it was left here anyway. The cover sheet with the Sheriff's Entry of Service states that it was served personally to me, however it was not. I don't know if I can use this to my advantage or not. The exact date is also not properly filled out, it just says This _____day of Nov, 2009.

I am posting the Summons, Complaint, and Affidavit I received on a text hosting website in an effort to keep this post as short as possible so that people don't just see a wall of text and run away. But I'm hoping someone that actually knows what all of this means will take a look at all of them and give me advice. I edited out my name and the sums of money listed for privacy.

Summons: http://freetexthost.com/o4imletswy

My understanding is that I now have to contact the court with the civil action number listed here and inquire about a court date? Will this be a mediation hearing or the actual trial?

Plaintiff's Complaint: http://freetexthost.com/f4bu42sbq2

I read this as the attorney laying out their reasoning behind filing the suit. There isn't much else I really take away from this aside from some legalize that I'm missing because I have such a limited grasp on this sort of thing.

Affidavit: http://freetexthost.com/ra3d1x05hd

From what I am taking away from this is that Shawn Wood is confirming that he is a representative of Capital One and that this is to confirm that it is actually Capital One pursuing this and not just a collection agency? Or am I wrong on this?

It's 11:52pm on a Sunday night so I haven't had the opportunity to call the Court, Capital One, or the Attorney's office which I plan on doing tomorrow. I'm posting this now so that I can get a head start on all of this. I was hoping someone here could lay out a "To Do List" for me to follow through this process. What order to call them in, what questions to ask them, what to tell the Attorney and what not to tell them, etc. etc. Also any flaws you see in the Complaint or Affidavit.

I know there are a ton of threads like this one and I've searched around and read so many my head is spinning, but there were so many little differences here and there amongst them all that I just wasn't comfortable going off what I read. So I decided to post this to get answers about my specific situation. Thank you very much in advance for any help.

Edit: I also forgot to add that I am unemployed, do not have a bank account, a car, or a house. So in the event that I do not settle and the judge rules in favor of Capital One, what will happen then? Will I just have it on my credit score for 7+ years? It's a civil suit so there is no jail time right?

Edited by Legally Illiterate
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