sued by Peroutka& Peroutka/Capital one

[mamacita]

Hello Everybody

1. Who is suing you? Peroutka & Peroutka for a capital one debt

2. For how much? $1064

3. Who is the original creditor? capital one

4. How do you know you are being sued? ironically,i work in a law firm which is specialized in debt collection, and go to MD court website on a daily basis,i was on break and decided to look myself up and saw that they filed against me

5. How were you served? Were you served?not yet served ,i moved so they have my old address for now

6. What was your correspondence (if any) with the people suing you before you think you were being sued?none,i never received a phone call from them,just 2 letters letting me know that my debt was sent to their office but was not reviewed yet by any of their attorneys

7. Where do you live? Maryland

8. When is the last time you paid on this account?about a year ago

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). right now i only see that it was filed and a notice was sent ,to whom,i have no idea

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 in writing? (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? no

Here is an example of what the summons/complaint may look like: http://www.creditinfocenter.com/lega...een-sued.shtml

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? n/a

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

http://www.creditinfocenter.com/rebu...itations.shtml

im not sure what to do right now,should i contact them or wait til i get served ?

please advise,im so confused,im used to enter info on people getting served ,now im about get served too

[Morganna]

date of last payment -- about a yr ago ..

OC -- C1

#5 and 6 seem contractory -- one says they have an old addy the next says you received two letters letting you the debt was in their office for possible collection action ...

My question is what addy do they have? Is the one on your CR current?

The reason for the question is you dont want sewer service to happen. Having an old addy for dun letters is one thing -- should they use that addy and possibly serve you there you wouldnt know ...

Would service be proper for your state if they served those papers at your last known addy?

As to the DOLA and the OC

Well Im sure you are aware or should know C1 keeps very good records and with this paper being fresh expect them to be aggressive. Most often they have all the necessary docs to prevail -from statements to the agreement to the contract with your signature and as the OC they will have an unbeatabke affidavit of debt.

Since you are aware of the case your options maybe:

1.Wait for service -- watching/calling the court -they will record the file date and date of service (once service is perfected you have XX days to file an answer)

2.Call or write plaintiff's atty now and attempt to work a deal -- maybe saving court costs and interest especially if you can do a pay in full ... Be specific enough to state loud and clear (which writing is always best) that the offer is for settlement purposes only and not to be construed as an admittance to anything nor can it be used against you in any way. You want the court case to be dismissed as part of any agreement.