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  1. #1
    Join Date
    Sep 2008

    Default Summons & Complaint - What to Do?

    My question involves collection proceedings in the State of: New York

    Towards the end of the August I received a letter from a law firm telling me they want to discuss a settlement with my Capital One credit card. They want checks to be payable to them.

    Question- If I wanted to send payments, then why to them and not Capital One?

    On Thursday Sept 4 I received a summons and complaint

    Here's the complaint, how should I go about answering?

    Capital One Bank (USA), N.A.



    Plaintiff, by its attorneys, complaining of the defendant, alleges


    1. Defendant resides in the county in which this action is brought, or transacted business in the county... (There's more to it, but you get where its going. Here's the second part of the paragraph) Plaintiff is not required to be licensed by the NYC Dept of Consumer Affairs because it is a passive debt buyer or the original creditor.

    2. Plaintiff is a national banking association.

    3. Defendant used a credit card issued by plaintiff and agreed to make payments for goods...

    4. Defendant failed to make the payments due... and $3600+ is now due and owing to plaintiff together with interest on $3200+ from 06/08 at 9% per annum.


    5. Defendant accepted plaintiff's statements without objection

    6. By reason thereof, an account was stated between Cap and Me in the aforesaid amount.

    Wherefore, plaintiff demands judgment against defendant in the sum of Paragraph 4

    Deponent is an attorney associated with "Law Firm".

    We are attempting to collect a debt...

    So what do I do? I tried settling with the Law firm, but they either want a repayment of $3200 full or 2 payments within 30 days of each other. I check my credit report and it says the account was charged off as of June 08. I also see that "Law Firm" has also pulled my credit report. Who holds the account? Cap 1 or "Law Firm"? and how should I answer the claims to the Summons?

    Thanks in advance.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Summons & Complaint - What to Do?

    You're being sued by Capital One, so that suggests they still own the debt. You would have received instructions on answering, and the deadline for answering, with or as part of the summons and complaint that was served upon you.

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