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Capital One credit card Lawsuit in Wichita KS


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I recently found this summons stuck in my front door.

 

Capital One Bank

 

Plaintiff,

 

vs.

 

Me

my address

 

Defendant(s)

 

 

Case No.

Ct. No.

Chapter: 61

 

 

PETITION ON A CREDIT CARD PURSUANT TO K.S.A. CHAPER 61

 

COMES NOW Plaintiff, and for its cause of action against Defendant, states and alleges the following:

     1.  At Defendant's request, Plaintiff issued a credit card to Defendant for which Defendant agreed to pay Plaintiff for all purchases made, services rendered and cash advanced to or for Defendant (or any person authorized by Defendant to use the card) to obtain goods, services and advances on credit.

     2.     Pursuant to the credit card agreement, Plaintiff paid the various merchants and banks for Defendant's purchases and cash advances for which Defendant is obligated to repay Plaintiff.

     3.     After giving Defendant credit for all payments and setoffs, there remains due $2,589.82, together with interest at the rate of 12.000% per annum from the date of judgment.

     4.     Defendant has failed to timely repay Plaintiff, and thus, Defendant has breached its agreement.

         WHEREFORE, Plaintiff prays judgment against Defendant in the sum of $2,589.82, together with interest at the rate of 12.000% per annum from the date of judgment, and for costs herein.

 

                                              Submitted by:

 

                                                                     COHEN MCNEILE & PAPPAS PC

 

 

This is actually the second page.  The first page is a summons, it only informs me how I should proceed and the date this is on the docket.

 

 

 

 

 

 

 

 

 

 

 

 

 

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sorry, for some reason that posted before I completed it.

 

As I mentioned, this was left in my front screen door. (we hardly ever use the front door, we use the garage door)

we found it 7/3/14, it is scheduled for the docket on 7/16/14. 

I have spent many hours on this site reviewing posts and looking up legal information.

I plan to file an Answer but I would really like some help on how I should proceed.

Anything is more than I currently know.

Thanks,

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Deny in your answer.  If you have to show up so soon it is probably small claims court.  You put in a denial, After a reasonable inquiry and diligent search there is not enough information for Defendant to admit or deny, therefore denies.  if this is found to be my account, I deny the amount being sued for".  at least it will make them prove up how much you actually do owe.  OC lawsuits are a little tougher to beat, but can be done.  They still need a witness to testify to the accuracy of their records.

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Shellieh98, thank you.

I called the courthouse because I was concerned about the short period of time.  They informed me that it is not small claims but is in fact Civil.

In the packet there was an affidavit provided by a Capital One employee, Affidavit of Non-military Service, about 7 months of statements and a card agreement. 

Is there any hope for my case?  I would seek an attorney but I fear losing and then having to pay lawsuit plus attorney fees.

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Does anyone know a good attorney in Kansas?

 

Look up the attorneys under plaintiff's here. These are active consumer attorneys in your area. Most of these cases are against JDBs/CAs, but they are should be the most experienced.

 

http://dockets.justia.com/browse/state-kansas/noscat-13/nos-890

 

http://dockets.justia.com/browse/state-kansas/noscat-13/nos-480

 

http://dockets.justia.com/search?parties=capital+one&state=kansas&cases=mostrecent

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  • 3 weeks later...

Ok, it seems that I am in with both feet. I could not find an attorney in this area that could help. I found out that this is a Civil Lawsuit. I submitted my answer to the summons. I denied everything due to a lack of sufficient information to form an opinion as to the truth and accuracy of the allegations.

The court informed me that the first court date would have been for me to answer the summons and since I have submitted an answer I no longer need to appear. They set a new date for preteial. I served the CO attorney with this answer.

Does anyone have advice on how I should proceed?

I have no clue where to go from here... Help!

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