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  1. #1
    Join Date
    Jun 2008
    Posts
    2

    Default Summons for Credit Card Suit

    My question involves collection proceedings in the State of: California

    Hello,

    Today, someone came to our home to serve my wife. She was not home at the time and I told the person I am not __________ (such person). He said I only need to leave this (summons) here and I didn't accept it but he left it on the doorstep regardless and drove off.

    The summons on behalf of Capital One, and is being done through a local lawyer. It doesn't indicate which account and the amount is more than what was owed back in 2004. I know my wife owes money to Capitol One and we do want to take care of this debt but I need some advise as to handle the summons or potential judgment. I am unemployed and my wife works part time. Questions:

    A) Was my wife served properly to begin with, even though she was not there? Will this summons be valid? It states that the original was filed on June 16th at the court.

    B) The amount being sued for ($4950) is more than what was owed. The credit report shows a charge off of $4026 but the account had less owed. Can this be questioned or disputed?

    C) What course of action do we need to take at this point? What the best way to proceed?

    Thanks for your help.

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Summons for Credit Card Suit

    Your wife needs to file an answer to the summons in the time limit allowed. If she doesn't, they can get a default judgment against her.

    The increase in the amount is apparently due to interest charges & late fees.

    Your wife can call the lawyer & see if a payment plan can be set up and/or a possible lower settlement amt. agreed on without going to court but they don't have to do either. They can demand the full amt. & paid all at once.

    Usually if the summons can't be served personally, they can leave it at the current & usual place of abode.

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Summons for Credit Card Suit

    Re the possibility of the SOL being elapsed for collection of the credit card debt, when was the last action taken on the debt (ie date of last payment).

  4. #4
    Join Date
    Jun 2008
    Posts
    2

    Default Re: Summons for Credit Card Suit

    Hi,

    Thanks for the quick response. Based on Equifax, the last payment date was 07/2004. The date for first major delinquency first reported is 05/2005.

    Also, can the amount requested be disputed?

    Thanks again.

  5. #5
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Summons for Credit Card Suit

    The countdown for the SOL starts from the date of last activity seen in the account. The SOL on a credit card debt in Ca. is four years. They can still sue after the SOL has elapsed but that would be the defense used by the debtor in answer to the summons & the defense used in court. It looks like in your wife's case they sued before the SOL elapsed.

    Usually once you have been sued, it's too late to dispute the amount. Your wife can though call the lawyer & see if they will consider a reduced settlement amount.

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