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Being sued by Capitol One in Missouri


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First off I'm not the one being sued my parents are, they asked me to do some research for them since they can't really use a computer.

About an hour ago I was handed a summons to appear for AC Breach of contract in a little over a month. The total listed for what they are seeking is over $6,000.00. The plaintiff is Capitol One Bank and the attorney representing them is Charles L Litow. We really have no idea what we should do so I did some searching and ended up here. Can anyone walk me through what we need to do? Any help is really really really appreciated.

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First off I'm not the one being sued my parents are, they asked me to do some research for them since they can't really use a computer.

About an hour ago I was handed a summons to appear for AC Breach of contract in a little over a month. The total listed for what they are seeking is over $6,000.00. The plaintiff is Capitol One Bank and the attorney representing them is Charles L Litow. We really have no idea what we should do so I did some searching and ended up here. Can anyone walk me through what we need to do? Any help is really really really appreciated.

Read the Rules of Civil Procedure for the court in which you're being sued. Your parents must file an Answer to the Complaint within the allotted time specified on the summons, in the Complaint, or in the court rules.

The rules will specify how to answer the Complaint. In my state, we must answer by admitting or denying each allegation. Then we include affirmative defenses.

Is the debt valid? Is it within the Statute of Limitations?

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I'm not sure what you by valid I'm fairly certain it's within the statue of limitations. As for an answer to the summons I've checked the local rules and was unable to find anything, I also searched on the summons but I'll go look again.

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Can anyone walk me through what we need to do?

That will be a long walk. Do you have a specific question, are you familiar with the court rules and procedures at all? Do you have any understanding of civil law? It's going to be hard to start from scratch and walk you through in time for a hearing in less than a month.

The HUGE condensed way is, generally speaking, all courts are different.

Sued

Served

Answer with the court, or file motion to compel arbitration, file counterclaim (find something)

Pre-trail hearing

Discovery

motions to compel because neither side will cooperate

hearing

more discovery

more pre-trial

some settlement talks at this point

summary judgement by the other side will be filed

hearing or on the motion (pleadings) with no hearing

summary granted, over or appeal

summary not granted, trial date set

probably some settlement talks

motions in limine due (motions to exclude witnesses, evidence, or arguments if a jury trial, like your parents are deadbeats).

continuance by the other side if they see you will not settle

more talks, bluffing, and threats from the other side. Usually along the lines your going to have to pay all these atty fees, just settle.

Settle or trial

trial

winner/loser determined

loser pays, or tells the winner to go pound sand and try to collect. or loser appeals

loser appeals, the game starts over

loser tells them to go pound sand, other side goes and pounds sand or will try to collect.

You better be prepared to spend a ton of time learning the rules of procedure or you (or parents) don't stand a chance. They will kill you on procedural and bluff moves if you don't learn them.

Want to catch up real quick? Take some time and go sit and watch court. That is the best way in record time to catch up to speed.

Or you can hire an atty to do it for you. They will most likely call you at the beginning of next year and tell you that you need to settle with Cap One for 65-75% of the debt and they have really twisted Cap One's arm and pulled a ton of strings to get you that settlement.

Good luck, Crap One is one of the more difficult to deal with. They sue at the drop of the hat and usually have the evidence that can win. If the debt is legit and you have no defense, you might be left with trying to work something out or a move to run up their bills (maybe arbitration) to make them want to drop the case.

6K is not huge money but it's not something they are just going to drop if you file a general denial answer.

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You must answer the complaint with admit or deny to their allegations and raise affirmative defenses or defenses to their claim. Since it is Crap1 you may not have any counter claims. If you have the original user agreement look it over for any arbitration clause. If you have any of the invoices look at the billing process and amounts of the minimum requested payment. Where they enrolled in payment protection from Crap1?

Edited by debtfighter
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This is from the Missouri Supreme Court. I would assume it applies to all courts in Missouri, but I don't know for sure.

55.25. Time of Pleading

(a) Answer - When Filed. A defendant shall file an answer within thirty days after the service of the summons and petition, except where service by mail is had, in which event a defendant shall file an answer within thirty days after the acknowledgment of receipt of summons and petition or return registered or certified mail receipt is filed in the case or within forty-five days after the first publication of notice if neither personal service nor service by mail is had.

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