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-   -   Credit Card Summons (https://www.askmehelpdesk.com/showthread.php?t=271795)

  • Oct 21, 2008, 12:05 AM
    KERNSCELESTIN
    Credit Card Summons
    Hello,
    I am 20 years old and a week ago received a summons from capital one credit card.I live in Florida. They are taking me to court for a 929.00 debt on my card I work about 21 hours and I'm saving up for school. I was wondering what can I do to have the date postponed on the summons so that I will maybe have a chance to either get the money to pay it or to beat the case? I know there is a certain document I can write to request them to prove the debt how would I go about doing this?
  • Oct 21, 2008, 11:42 AM
    kayebird

    Is this from a collection agency or directly from Capital One? If you want to fight it, file an answer to their complaint as soon as possible. Then hit them up with discovery - to make them prove the debt. There are lots of samples of answers and discovery documents on this forum as well as other debt websites. It is a lot easier to fight a junk debt buyer or collection agency than an original creditor.
  • Oct 29, 2008, 02:00 PM
    mlr08

    I've heard that Capitol One can be difficult to deal with. I agree with Kayebird that your best bet is to file an Answer.

    That is your best bet of them either not showing up to court, or when they do show up if you assert enough defenses in your Answer they likely will not have the paperwork to back up their claims and they will ask for a postponement.

    I found this lens on Squidoo to be very helpful... How To Respond to A Summons for a Credit Card Debt Lawsuit and there are links to helpful resources when drafting a summons or looking for a template.

    Good luck!

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