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hollyjv24

Being Sued by Pollack & Rosen, P.A. Plantiff Capital One Bank

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I just got served today. In person. At my home...  I have a notice of a pretrial hearing on September 19, 2019. Can I fight this and win? Attaching files of lawsuit. please help! Does this mean the only proof they submitted was a copy of a bill? 

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? Pollack & Rosen, P.A.

3. How much are you being sued for? $3954.79

4. Who is the original creditor? Capital One Bank (USA), N.A.

5. How do you know you are being sued? Served in person at my home 

6. How were you served? 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? None

9. What state and county do you live in? Hernando County Florida

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) November 2017 

11. When did you open the account (looking to establish what card agreement may be applicable)? September 2011

12. What is the SOL on the debt? To find out: I believe 4 years for FL??

Statute of Limitations on Debts

13. 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). Filed on 7/27/2019 with the clerk ... i was served 8/13/19 and have to appear for pretrial on september 19, 2019

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 disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). NO

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?

It doesnt say

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

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

Just a screen shot of the last bill from online (see 3rd attachment)

18.  How did you find out about this site? google

18. Read these two links:

Using Arbitration To Defend A Debt Collection Lawsuit

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

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Edited by hollyjv24

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