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CAPITAL ONE IS TAKING ME TO COURT

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Posts: 5
Credits: 176.4
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I RECENTLY RECIEVED A COMPLAINT ON MY DOOR STEP STATING I NEEDED TO FILE A ANSWER. THE COMPLAINT DOES NOT GIVE MY ANY INFORMATION AS TO WHICH ACCOUNT THEY ARE REFERRING TO I HAVE 3 ACCOUNTS WITH CAPITAL ONE ALL OF WHICH TO MY KNOWLEDGE I HAVE BEEN MAKING PAYMENTS HERE AND THERE. I FELL BEHIND ON PAYMENTS LAST YEAR DUE TO A DEATH IN HE FAMILY AND RISING COST OF LIVING. I AM A SINGLE PARENT WORKING 7 DAYS A WEEK. I AM SO AFFRAID THEY WILL ATTACH MY WAGES. IF ANYONE COULD GIVE ANY INSIGHT AS TO WHERE I SHOULD START I WOULD BE GRATEFUL I LIVE IN THE STATE OF DELAWARE :cry:




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Sub: #1 If that indeed is a court summons, you must answer! Don't be afr
Tue, 07/07/2009 - 18:08

If that indeed is a court summons, you must answer! Don't be afraid to answer and go to court. If you do NOT appear, then a default judgement could be rendered by the court, and you will be liable for that debt.

Have you sent an dv letters out to validate this debt? Is this summons indeed legal? Does it have a court name, address, case number, etc?




CREATION101
Posts: 5
Credits: 176.4

Sub: #2 what is the DV letter, the complaint has the court name, adress
Tue, 07/07/2009 - 18:38

what is the DV letter, the complaint has the court name, adress of processor and attorney representing CAP1, no case #. they are seeking immediate judgement no arbritration.

I have prepared the answer affirming my name and address only since the complaint doesn't express a complete break down or what account they are collecting on.




Unregistered

Sub: #3 Make sure you appear. Don't blow it off. Tell your side of the s
Tue, 07/07/2009 - 18:50

Make sure you appear. Don't blow it off. Tell your side of the story. You may be able to work something out in court, which would be in your favor.

Who is suing you? The collection agency? Which one?




CREATION101
Posts: 5
Credits: 176.4

Sub: #4 the summons says Capital one is sueing no mention of a collectio
Tue, 07/07/2009 - 18:54

the summons says Capital one is sueing no mention of a collection agency in the complaint. What puzzles me is why they do not state the account #.




Unregistered

Sub: #5 Call the court and see if this case has actually been filed. You
Tue, 07/07/2009 - 19:02

Call the court and see if this case has actually been filed. Your defense would be the account number. How can they sue you with out an account number? There's no way!




Unregistered

Sub: #6 I agree - get on top of it now! Take the morning off and call th
Tue, 07/07/2009 - 20:20

I agree - get on top of it now! Take the morning off and call the court and get all the info.




SOAPLADY


Debt Samaritan
Posts: 17191
Credits: 474465.88869987

Sub: #7 bumping ....original poster...this is your original thread. Ple
Wed, 07/08/2009 - 07:11

bumping ....original poster...this is your original thread. Please do not continue posting the same thread.




Unregistered

Sub: #8 Does your summons say anywhere "This communication is from a deb
Thu, 07/09/2009 - 04:48

Does your summons say anywhere "This communication is from a debt collector". If so then it is a junk debt collector that owns your account now and they have no right saying it is Capital One becuase it is not




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