lfreeman8901

Being sued by Capital One in Texas. Please help

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I know there is alot of these same questions on this forum and I have read thru quite a bit of them but im still stumped on how I need to go about handling this.

When I turned 18 I got a credit card from Capital One. I'll be 23 in 2 weeks fwiw. I maxed that credit card out, which had a $1000 limit, when work got slow and I needed money. Well work got worse and I couldnt afford to pay the measely payments every month. During this time and apparently up till Feb. 3, 2012, when they finally closed the account, they charged me with $682.05 of interest, late fees, etc. I do not feel like I should have to pay all of the $682.05 back as I told them that work was slow and I couldnt afford to pay at that time. I wouldn't have a problem paying back the $1000 in payments but I refuse to be another pawn for these greedy bastards and pay them this rediculous amount in interest and late fees when I wasnt even using the card anymore.

I have received the suit finally, from Michael J. Scott and I apparently had 10 days from the day that I received the suit to give the court an answer i guess? I have no idea how this stuff works but I want this to be fair, so i'll figure it out some way. Yesterday was the deadline and i didnt realise it till today. I called the court this morning and she said that the attorney hasnt filed anything new. She said i needed to give the court an answer asap. I have no idea what she is referring to. Do they want me to send in the deny/admit form that came with the lawsuit papers? Or is that supposed to go back to Mr. Scott? Like I said, im lost with this kind of stuff so it's extremely stressful but I want to handle it the right way. Would greatly appreciate it if someone could guide me thru it.

1. Who is the named plaintiff in the suit?

Capital One Bank (USA), N.A.

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

Michael J. Scott, P.C.

3. How much are you being sued for?

$1682.05 plus attorney fees of at least $420.51 or as otherwise awarded by the court.

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

Capital One

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

I was served papers i

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

In person at my house

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

As far as I know

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

I havent spoke with them in years, nor have I made a payment in years.

9. What state and county do you live in?

Texas, Kaufman County

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

Not exactly sure on the exact date. I know its been about 3 years or more. I don't know how to check to make sure, I have no personal records.

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

4 years

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).

Suit served.

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

No

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?

On the front page it says I have 10 days from the date that I was served to contact the courthouse or show up in person. On the first page of the questionare it says I have 50 days to serve a written response to the Plaintiff.

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

Not exactly sure. They sent about 3 pages that is labeled "Plaintiff's Original Petition"

Any and all advice is much appreciated, thanks alot!

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I do not feel like I should have to pay all of the $682.05 back as I told them that work was slow and I couldnt afford to pay at that time.

If that worked nobody would ever issue anybody a credit card. You could try arbitration through the cardholder agreement, that is very expensive for them and they may dismiss this. See Linda7, she is our ARB expert.

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You need to respond with Debt Validation. Cap One needs to validate your debt. This will keep it from going to court. Cap One will have to validate the debt before taking you to court.

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You need to respond with Debt Validation. Cap One needs to validate your debt. This will keep it from going to court. Cap One will have to validate the debt before taking you to court.

Once suit has been filed, it's too late for debt validation. The summons and complaint contains five times more detail than is required by DV.

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Ok so how do i reply with an "answer"? I have no idea what im doing. Is an answer supposed to be filling out the deny/admit papers that I was given with the lawsuit papers and sending them to the court? Or is it supposed to be my own letter typed up just stating whether I want to defend the case or just pay it?

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Also, is it worth taking this to court? What are my chances that I could get off not paying this debt, or atleast getting it lowered to what I originally owed before they imo wrongfully charged me with fees etc.? Again, I have no idea what im doing so I don't know how well I would do in court against an attorney. I also dont want to hire an attorney for something this small.

Another thing I just read was once the attorney gets a ruling in his favor they have the authority to take the money from your bank accounts etc?? I have the money in the bank to pay it, but I definately do not want to pay it all at once. (or at all)

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Speak to a credit or bankruptcy lawyer to determine whether it's worth taking this to court. I'm dealing with unpaid interest right now (10's of thousands) and I got some pretty good free advice just by calling a few attorneys around Miami where I live. This site has bankruptcy lawyer reviews I've used - litigatr.com. They've got listings in Texas too: litigatr.com/bankruptcy/texas/

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Look into arbitration through the cardholder agreement. It can cost them six figures, they'll never go for it for this amount. Linda7 knows this stuff.

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Like Eagle said, check into arb. See Linda7, she can guide you on it. It's your best way out on this.

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Elect arbitration, odds are you won't end up in court if you listen to what people are saying here.

Elect arb, then answer summons all before the deadline.

Look up posts by Linda7, she has down what you need to do.

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