epow2017 Posted August 31, 2021 Report Share Posted August 31, 2021 Good morning!! I just received a court summons from a lawyer representing Midland Funding LLC for an old Capital One credit card debt around ~$4500. I’m a single mom and I definitely can’t afford to settle, have my wages garnished, or hire a lawyer ? I was up so late last night reading previous forums about this exact topic, and the advice given here was beyond helpful. I’ve decided a motion to compel arbitration is definitely my move here. So I guess I have a couple questions and please be patient if these aren’t very educated thoughts, no clue what I’m doing!! I have to provide an “answer” to my summons, by mail, with a copy sent to the plaintiff lawyer and a copy sent to the court. I’ve drafted this answer basically not agreeing to or denying any of their claims, instead asking for proof. I figure this will buy me some time as I have 30 days to answer. I want to also file a motion to compel arbitration but I cannot find a single word about arbitration in Capital One’s user agreement that I searched on Consumer Financial Reports. Does any one have any experience with Capital One debt?? I assume having no mention of arbitration in the user agreement means I can proceed as planned? Should I still print the user agreement to attach to my Motion? I live in North Carolina. Thank you so much in advance! I am so panicked and would love any insight y’all can offer ❤️ Quote Link to comment Share on other sites More sharing options...
BV80 Posted August 31, 2021 Report Share Posted August 31, 2021 1 hour ago, epow2017 said: I want to also file a motion to compel arbitration but I cannot find a single word about arbitration in Capital One’s user agreement that I searched on Consumer Financial Reports. Capital One removed arbitration from its credit card agreements around 2010. If the account was opened that year or later, arbitration is not an option for you. Quote Link to comment Share on other sites More sharing options...
epow2017 Posted August 31, 2021 Author Report Share Posted August 31, 2021 7 minutes ago, BV80 said: Capital One removed arbitration from its credit card agreements around 2010. If the account was opened that year or later, arbitration is not an option for you. Ahhh okay thank you!! I couldn’t find that info anywhere. It looks like the account was opened in 2014 Do you have any insight to my other options? Quote Link to comment Share on other sites More sharing options...
BV80 Posted August 31, 2021 Report Share Posted August 31, 2021 11 minutes ago, epow2017 said: Ahhh okay thank you!! I couldn’t find that info anywhere. It looks like the account was opened in 2014 Do you have any insight to my other options? Well, do you have any legitimate defenses to the lawsuit? When did default or last payment occur? Quote Link to comment Share on other sites More sharing options...
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