Capital One help

[nothappy 0]

A 20 day summons from Capital One and Pollack and Rosen was left at my door regarding  a possible debt.  I did not sign this summons, and was curious if that will hold up in court? Also we have mediation set up for the end of this month and I am not sure what I should say or bring with me. I tried calling Pollack and Rosen today as well as Capital one.  I explained to Pollack and Rosen that I never signed any documents and really wasn't served anything. I asked Capital one if there was a way to settle claimed debt with them and they said no.  I did some research today and saw that it is a requirement for them to send me a 30 day notice 559.715 fla sta which did not happen.

 

Thank you 

[Clydesmom 1,122]

4 minutes ago, nothappy said:

A 20 day summons from Capital One and Pollack and Rosen was left at my door regarding  a possible debt.  I did not sign this summons, and was curious if that will hold up in court?

No, it won't hold up.  You are not required to sign the summons for it to be legally served.  "Tack and Nail" where they leave it on your doorstep is legal in many states.

5 minutes ago, nothappy said:

 I asked Capital one if there was a way to settle claimed debt with them and they said no.

Now that a suit has been filed it is likely that their agreement with the law firm means that all settlement discussions must go through them.  Try calling the lawyers and making a settlement offer if that is what you wish to do.

6 minutes ago, nothappy said:

I did some research today and saw that it is a requirement for them to send me a 30 day notice 559.715 fla sta which did not happen.

@LawKitty would know for sure but is is likely they only have to show the court they SENT the notice not that you actually received it.

Capital One is a VERY aggressive original creditor and sues a LOT.  They will have the documentation to prove their case.  Try getting a consult with a consumer attorney to discuss your options.

[nothappy 0]

I like the facts . I need to know what I am supposed to do. The debt is maybe $2,000 that includes late fees/lawyer fees etc... Should I just go to mediation and try and make an offer their or over the phone with Pollack and Rosen?