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Crapola1 strikes again, need some help please

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Anyone who may point me in the right direction i would appreciate it. Being sued twice now. I beat crap1 about two years ago on a different account. Now the same law firm that is currently suing me on a midland account is suing me on behalf of OC crap1.....a second crap1 account i had). I had a stroke in November so I'm struggling (but succeeding) in fighting the midland suit. And now has come this other suit by crap1. I really new some help here guys ---Thanks

1. Who is suing you?

Capital One Bank N.A. via their attorney

2. For how much?


3. Who is the original creditor?

Capital One

4. How do you know you are being sued?

Summons only….. received today via first class mail

5. How were you served? Were you served?

from USPS

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

No correspondence with them regarding this account. Over one year ago I corresponded with them on another account they sued me on. I won that time…..they dropped the charges. The amount was much less though (ABOUT $800.00)

7. Where do you live?


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

From what I can tell Feb 2009 was the last payment

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or B) looking it up online (many states have this information posted daily).

Case is showing as pending, filed 3/5/2011.

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

No…… CA is not involved. I’m being sued by crap1 via their law firm

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


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?

Says I need to appear on the return date to respond. No interrogatory was sent by the law firm.

There is no specific claim being made other than they are demanding judgment. An affidavit is attached by an “authorized agent” of crap1.

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

a) An affidavit

B) Statement dated Dec 2010 showing a balance due only

14. What is the SOL on the debt?

I think it is 3 years…………….maybe 2???

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