I've been sent a court summons notifying me I am being sued by Capital One. I've been told I need to send a letter, an "answer to complaint". I have no idea as to how to write one, or what should be included. I'm not willing to pay this company anything I don't have to, as they've repeatedly tampered with my credit history, and refused to send me any proper documentation accounting for what I supposedly owe.
2007-12-04 07:15:19 · 7 answers · asked by Laura M 2 in Business & Finance ➔ Credit
Yes, this is a small claims court case. They are attempting to sue me for about $2000. They are requesting $978 for the card (which didn't have a limit higher than $700) and interest. I can't afford an attorney.
2007-12-04 07:42:10 · update #1
As far as I know, a credit company cannot sue you. In fact, depending on the state, you can write a letter to them informing them that you no longer wished to be contacted by them.
As far as answering a court summons, simply write a letter much like a journal detailing contacts, times you spoke, demands for information, etc. It will be used as evidence against you, so make sure you make it clear that you did try to resolve this.
Lastly, this sounds a bit like a scam to me. Do not put in any personal information like account number, social security number, etc. Most creditors will give up on your account and send you to collections. They do not and can not sue you directly unless they are located in the same state. In such an instance, you can countersue them for harassment and possibly win up to three times the amount they say you owe them. Keep that in mind, and consider contacting an attorney.
Hope this helps.
2007-12-04 07:22:54 · answer #1 · answered by E.T. Barton 5 · 0⤊ 2⤋
First, you need to determine if you owe Capital One money and if, in fact, you are being sued for it.
Second, there are only two answers for a demand for judgment (which I am assuming this is): (1) You have the wrong person and (2) I don't owe this. The judge will ignore any other "logic" on your part...in the court of law it doesn't matter.
If you are being sued for money you actually owe, you will loose the judgment -- period.
If you do not own the money, you will need to prove it. In this case, I agree that you need a lawyer. If you have been unable to establish that this is not your debt or it is not you to the satisfaction of Capital One or the credit agencies -- you will definitely need help in court.
2007-12-04 07:34:42 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You do need a lawyer to draft the legalise. Basically what the letter is asking for is your reasons for not paying the bill up to an including a claim of it not being your bill.
2007-12-04 07:22:50 · answer #3 · answered by Lex 7 · 1⤊ 0⤋
Unless this is a small claims court action, don't try to 'answer a complaint' on your own. You're in lawyer territory with that one.
2007-12-04 07:22:28 · answer #4 · answered by acermill 7 · 2⤊ 0⤋
Is this small claims court? If it is, then you dont need a lawyer
2007-12-04 07:27:07 · answer #5 · answered by Beth 5 · 0⤊ 0⤋
You need a lawyer to write your letter. Don’t try this one at home.
2007-12-04 07:18:50 · answer #6 · answered by Anonymous · 3⤊ 0⤋
Try legal aid, most of the time they can walk you through it and its free.
2007-12-04 07:58:47 · answer #7 · answered by Excellent Credit Service 2 · 3⤊ 0⤋