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Received summons from Cap1, Please help


yo11
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Hi,

I received summons from Capital One through its attorney WESTLEY VILLANUVA, ESQ of Patenaude & Felix, A.P.C . Here the complaint.

COMPLAINT

1- Just stated that lw firm is qualify to do bisiness in Nevada.

2- Stated my name.

3- Long phrase that I don't understand, with the word DOES I through X etc...

4- That at the request of the defendent, defebent received a revolving credit account, line of credit etc.. from plaintiff CAPITAL ONE act # xxxxxxx.

5-That defendent is default on payment under the term drescribe abow.

6-That defendent owes the sum of $2702.81, plus pre and post judgment interest.

Can some one please help me answer # 4, 5 and 6. I have read some of the steps on this forum but I want to make sure I answer the right way. Please help.

By the way I did had credit card account with Cap 1 with a limit of $2000. Me and my wife were laid off since last year and I am trying to stay afloat with UI benefit. I don't think I be able to pay them untill we both find a full time job.

Also on my credit report it showed the balance was write off on March, 2009.

My wife so scared that we will go to jail for this, can you advise what the best way to handle this summons. Thanks in advance.

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Guest BrokeBob

Take these few steps first.

1. Relax. You are not going to jail. They don't have debtor's prisons in California. You are not in Dubai or Las Vegas. Anyway, the only debtors prisons in Nevada are for those who don't pay markers at casinos. You are NOT going to jail.

2. There is a LOT of information on this forum about people being sued by Cap 1. Read it. You have a certain amount of time to answer the complaint. Use that time to become informed.

3. You have some great hole cards. If this law firm is licensed in Nevada, how can they sue in california? There are some Californians, including a lawyer, on this forum. You may be able to go after them for unlisenced practice.

4. Another decent hole card: If you are your wife are on UI, they can't get money from you until you have a job.

5. Here is your ace in the hole: elect arbitration. Look at the arbitration subforum. A lot of folks on this forum have used arbitration to stop Cap 1 in their tracks. A lot depends on the judge you get. If the judge forces them to initiate arbitration, their case is dead.

VERY seriously consider sending the following letter to the lawyer, with a copy of the court:

"We elect arbitration for this and any other dispute between us and Capitol One Bank."

Then wait for the fireworks.

In any case, you need to answer the complaint. If not, they could get a default judgment against you.

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Here are some things to think about:

From Patenaude & Felix's website, it appears they are headquartered in San Diego, but have offices in Nevada, Oregon, Pennsylvania, and Washington as well. Looking at their list of associates, Westley Villanueva practices in Nevada. From the California bar website, there is no Westley Villanueva (or Villanuva, or Villeneuve) licensed to practice law in California. I'm not sure what you can do with this information.

Concerning item 3, DOES: That's "Doe" as in "John Doe". This is a standard bit of legal mumbo-jumbo. They are reserving the right to include a person as yet unknown in the lawsuit, in the event that they later discover someone else who should be included. This is intended for someone suing a corporation's officers, when the plaintiff doesn't yet know the name of those officers. It's kind of stupid the way lawyers do this in a debt collection case.

Here is the link for California court forms:

http://www.courtinfo.ca.gov/cgi-bin/forms.cgi#forms

The General Denial form is PLD-050

You might also consider PLD-C-010, Answer-Contract.

If you contest this suit, it will cost you about $200 to file your Answer, unless you qualify for a fee waiver.

Good luck.

DH

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BB,

Thanks for your advise and also just want to clareify this. I moved to Nevada after got laid off last April, 2008. Most of apartments in CA would not qualify me with UI income. In Nevada I be able to find a nice place for $600 a month.

In regarding abitration I will do as you suggested, send this greedy lawyer a letter. I may send an income exempt as well, what do you think?. Eitherway I appriciate your help.

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