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Cap One Complaint Received - Please Help


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Hi everyone! I've received paperwork delivered from the Sheriff and have a summons to answer. Would like any assistance given!!

1. Who is the named plaintiff in the suit?

Capital One

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

Frederick J. Hanna & Associates

3. How much are you being sued for?

Roughly $1500 (including all costs for principal, fees, interest, court costs)

4. Who is the original creditor? (if not the Plaintiff)

OC is Plaintiff (Capital One)

5. How do you know you are being sued? (You were served, right?)

Served

6. How were you served? (Mail, In person, Notice on door)

In Person

7. Was the service legal as required by your state?

Yes

Process Service Requirements by State - Summons Complaint

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

Various mailings from Fred Hanna with debt settlement offers (non responded)

9. What state and county do you live in?

Georgia - Douglas

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

I believe mid-2008 (they have an agreement attached/no name with dates).

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

6 years

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

Don't have

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

No communication with

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

No

15. How long do you have to respond to the suit? (This should be in your paperwork). 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?

30 Days. No Questionnaire

Complaint

1) Defendant is resident of this county, subject to jurisdiction of this Court and can be served at .....address

2) Defendant entered into cc agreement with Plaintiff identified as cc acct # ********1234. Defendant received and used cc at issue in this action

3) Defendant breached cc agreement by failing to pay and left outstanding balance of $825.00

4) Despite demand by Plaintiff, Defendant has failed to pay amount due

5) Plaintiff gives the Defendant written notice in accordance with requirements of 13-1-11 of the O.C.G.A that Plaintiff intends to enforce the provisions of the agreement relative to payment of all costs of enforcement, including attorney's fees, in addition to P & I unless the principal, interest, and court cots herein demanded are received within ten (10) days from the receipt of this Complaint by Defendant. If not received within ten (10) days, Defendant will be liable for attorney fees set out for in 13-1-11 of O.C.G.A in addition to principal, interest, court costs

Wherefore, Plaintiff demands Judgement against Defendant in total costs.

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

  • Customer Agreement (copy - no personal information; generic; has handwritten: Cap 1, 2-29-05 to 4-30-08
  • Arbitration Agreement

17. Read this article:

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

I am responding on with the answer form provided by the County. There are 3 options to answer Plaintiff's complaint. I plan on circling "I cannot admit or deny the facts in the complaint for the reasons stated below:"

I haven't formulated all the answers yet. A combination of Denied and Admit.

Thanks so much for any and all assistance!

Edited by faithopelove31
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