indiana gal Posted September 26, 2021 Report Share Posted September 26, 2021 I was just served papers from a law firm representing Capital One credit card debt. A telephone hearing is scheduled for November. What is my best approach to this. I had PRA drop a case against me in arbitration last year but from what I am reading Capital One (original creditor) is a whole different situation. 1. Who is the named plaintiff in the suit? Capital One Bank 2. What is the name of the law firm handling the suit? Stenger & Stenger, PC (out of Grand Rapids, MI) 3. How much are you being sued for? $1906.54 4. Who is the original creditor? Capital One 5. How do you know you are being sued? Papers left at my door a few days ago and mailed by law firm also 6. How were you served? Left at door 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? Indiana, Allen county 10. When is the last time you paid on this account? 2017 11. When did you open the account? 2015 12. What is the SOL on the debt? To find out: for Indiana, chart says 10 years written, 6 years open-ended 13. What is the status of your case? Was just served papers for small claims. Papers state that a hearing by phone has been scheduled for November. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency? possibly, not sure 15. Did you request debt validation before the suit was filed? No 16. How long do you have to respond to the suit? a month and a half. 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. "Defendant opened an account with Capital One Bank, account number ***. Defendant has failed to pay as agreed and a balance of $1906.54 is owed on said account." Did you receive an interrogatory (questionnaire) regarding the lawsuit? no 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Exhibit A - affidavit of Non-Military Service. Exhibit B - A statement from Nov 2017 showing past due amount and interest accrual. 18. How did you find out about this site? internet search Quote Link to comment Share on other sites More sharing options...
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