I live in Texas and two days ago I was served paperwork for a lawsuit that Capital One Bank is bringing against me in Galveston County where I live. Allen L. Adkins & Associates (based out of Lubbock, Texas) is the attorney representing Capital One Bank. I'm required to appear and answer within 10 days of being served. Years ago, I opened a credit card with Capital One, and due to circumstances beyond my control financially, and being a single mother whose ex would not provide child support, I fell behind and stopped paying on the card. I have not used the card, paid on the card, or even contacted Capital One in several years. I heard that in the State of Texas there is a Statue of Limitations (SOL) of 4 years pertaining to Unsecured Loans (Credit Card Loans). If you go back 4 years from say Feb. 2008 (last month), making it Feb 2004, as I described above, I have not done anything with this account. Since my Date of Last Activity (DLA) is over 4 years ago, I should be able to answer to the Judge that this lawsuit should be barred due to SOL. Am I able to raise this as my only defense and have the lawsuit dropped? I pulled my credit report too, and all three credit agencies say that the account was "charged off", "closed by credit grantor", and / or "canceled by credit grantor". However, the Equifax credit report did not give a DLA specifically called a DLA. I'm worried that it might have been messed with and moved up so that it falls within 4 years ago and I will not be able to assert the SOL defense. How can I check for this? And what do I do if its been illegally moved up?
Also, after doing some research, I'm being to feel Allen L. Adkins (a bottom feeder) may have bought my account from Capital One and is filing a lawsuit against my to see if he can win a quick default judgment against me?
What course of action should I follow in order to get this suit dismissed? Is it worth trying to get Allen Adkins to validate this debt, or is it too late since a suit has been filed. I'm very stressed out about this, I'm still "in between a rock and a hard place", I have no money or property I can settle this with. Any help or guidance you can provide would be greatly appreciated.
Thanks in advance!!

