http://www.washingtonlawhelp.org/documen鈥?/a>
Just be sure that you file SOMETHING! Even if all it says is you are in dispute with the charges.How do you file a "motion" or an "answer" to a credit card summons?
A do-it-yourself guide for Defendants in consumer debt lawsuits. It鈥檚 easy to read format includes real-world case examples, forms, and documents to show you how and what to file in court to make them back off. Visit DefendASummons.com
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How do you file a "motion" or an "answer" to a credit card summons?Capital one can not summon you to court. Only an officer of the court can do that. Credit card companies rarely take people to court over defaults. They know they rarely can collect judgements and rarely win. The credit card company gave you credit unsecured. They are in the business of taking risk. Unless you defrauded them--it is highly unlikely any court anywhere will summon you. If it were me--I'd toss it. I'll pay attention to it when the sheriff serves me a summons the legal way.How do you file a "motion" or an "answer" to a credit card summons?How old is the debt and is it outside the Statute of Limitations for collections in your state, here is a list of states and time periods
http://www.cardreport.com/laws/statute-o鈥?/a>
IF it is then that is your defense if not then go to court and tell the Judge your side and see if he/she will make Cap One take payments.
Having said that and working for a nonprofit with peoples credit problems Cap One is one of the good ones to work with WAY before it gets to this level they will usually take 40 % of the debt before going to court.How do you file a "motion" or an "answer" to a credit card summons?Hire an attorney to prepare the response. If you're flat broke and you can't do this, then submit something like the following.
Mark "Deny"
Explanation: I can neither affirm or deny this debt until validation has been made. I am requesting validation of this claim, to include a copy of the original signed contract with my signature. I cannot officially respond to this claim until validation in this format has been submitted, along with a fully itemized statement showing how the amount being requested was calculated.
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