Receive summons and need help!

[tn2010]

1. Who is suing you?

-I am being sued by Capital One.

2. For how much?

-For the for the true sum of $1,552.36

3. Who is the original creditor?

-Capital One

4. How do you know you are being sued?

-I received a summons today.

5. How were you served? Were you served?

-Man came to my house. I was not served by the papers were handed to my uncle and he signed for it.

6. What was your correspondence (if any) with the people suing you before you think you were being sued?

-None

7. Where do you live?

-Tucson, AZ

8. When is the last time you paid on this account?

-They state last payment was made on November 9th 2007. But I don't actually remember the last payment made.

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).

-Nothing has been opened.

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

-No I have not.

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now.

-No I did not.

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?

-It says I need to file an answer or proper writing with the clerk of this court, accompanied by the necessary filing fees.

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

-They sent me an affidavit as exhibit 1

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

-3 years

I understand that I can't request a debt validation and that I must answer the complaint. But is there anything i can do to fight this or should I just settle?

[Massive]

You don't owe Cap One any money, they don't even own the account.

[tn2010]

Thanks for the quick reply. But what do you mean? On the summons it does not show a creditor. Can you please elaborate to help me understand?

[ADSOFT]

You are in court, and you have to defend your self, you have no choice but to defend yourself otherwise they will get a judgement on you in 30 days.

Step One: Answer the Compailaint.

Deny the amount and deny any/all paragraph you don't agree with.

You first step is to Answer and stop a summary judgement.

Step Two:

Request documents from the lawyer. Send them a letter, file a BOP or Go to Discovery. Just sending a letter and asking for proof is usually enough. I did that the first time I was sued about 12 yrs ago. ... I should have done it this time.

Here is the Link. Read the first post. You should be focusing on getting that information in your hands.

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=266614

[tn2010]

Thanks I am gonna see my lawyer tomorrow and will follow your guys advice. I'll keep you guys updated.