I got served a summons by a law firm representing Capital One a couple of weeks ago. It was filed in court on Oct 5, 2009. Back in 1994 I was a victim of identity theft and have been dealing with it ever since. I have filed affidavits; I have submitted my police reports and affidavits to credit bureaus and credit companies claiming that I owe them.
When I got served this time, I went and looked at my credit report. Capital One is not even on my credit report for the amount that they are clamming that I owe. On a current copy of my credit report that I pulled last week there is a Capital One account for 200.00 or so that I paid off and closed out and it was in good standing. Capital One is trying to sue me for 15,000.00. Now, I am not mathematician but there is a discrepancy there, the account numbers don’t even match up. My court date is this Friday
Should I simply take:
1. Affidavits that I have filled in the past
2. My credit report
3. Police reports

Capitol one seems to be trying to colllect a lot of old debt now, maybe some not necessarily belonging to them. Could be the law firm has bought the debt, maybe a few times removed, and accidents happen. As you ay, you doubt it is yours. If so, you need to go and prove that it is not if you can. It is too bad these things must be so time consuming.

Yes, take your affadavits your credit report and anything else you feel will give you a strong case and most definitely payment proofs if you still have them.

Tick

I certainly would take my files/proof to Court but you also have to submit an answer, the answer being that this is NOT your debt. Also require CapOne to PROVE it IS your debt.

If all you do is show up to argue the validity, I predict the Court is not going to rule in your favor. You MUST submit a response and demand.