hp4bst Posted February 1, 2018 Report Share Posted February 1, 2018 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.) Hunt & Henriques 3. How much are you being sued for? $46XX 4. Who is the original creditor? (if not the Plaintiff) OC 5. How do you know you are being sued? (You were served, right?) Summons 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 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Debt Validation Letter sent to me. I requested DV. They sent it back within 10 days with one years worth of credit card statements They sent intent to sue letter Served summons January 6 9. What state and county do you live in? Alameda County, California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) July 2016 11. When did you open the account (looking to establish what card agreement may be applicable)? 2002 is when my records start 12. What is the SOL on the debt? To find out: 4 years 13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Pending 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). Yes, received one year's worth of statements 16. 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 from January 6 -> Feb 5 Common Counts Did not receive interrogatory 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing I know that I am very late in asking for advice here. That's on me. Do I have enough time to file a General Denial, BOP, and POS? The address they have on file is incorrect as well, what can I do about this? I have other significant debts. If I file for BK, can this stop this suit from proceeding? Or, do I just go on with it and potentially file later? Also, does the threat of BK make it more likely for a settlement? Thank you in advance. Quote Link to comment Share on other sites More sharing options...
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