[keegrls]

California

A process server served my 11 yr old son with a summons. Apparently I am being sued by Capital One for..."within the last four (4) years, Defendant breached the terms of the Agreement by failing and refusing to pay...." The only date mentioned in the summons is April 12, 2003 and their exhibit A is nothing more then the fine print that comes with your credit card statement that tells you about your credit limit, grace period, interest rate, etc.

I tried contacting Capital One about 5 yrs ago when I got behind in my bill, asking to make arrangements. They said my account was sent to collections and they would be contacting me. Until today, when they served my son while I was at work, this is the first time hearing from them.

Suggestions on what to do next? Btw, I'm in California.

TIA

[Mr. Knowitall]

You can object to the improper service with the court. Rest assured that the process server will file a return of service and, if you don't act, you'll be defaulted. The net result will probably be that you end up being properly served, or waive a second service in the interest of moving forward, but if you do nothing you can expect to be deaulted.

You can raise the statute of limitations as an affirmative defense when you answer the complaint.

[seniorjudge]

You can object to the improper service with the court. Rest assured that the process server will file a return of service and, if you don't act, you'll be defaulted. The net result will probably be that you end up being properly served, or waive a second service in the interest of moving forward, but if you do nothing you can expect to be deaulted.

You can raise the statute of limitations as an affirmative defense when you answer the complaint.

Absolutely correct.

Don't ignore the summons.

If you don't show up and assert that the thing is no good due to the SOL, then you will forever give up that right.