I need to answer a summons to Capital One
I need help on answering a complaint.
I called the Clerk of Courts in Franklin County, Columbus Ohio and was told we could fax our answer in to avoid an automatic judgment.
To the following named defendant:
You have been named in a complaint filed in Franklin County Municipal Court by the Plantiff(s)
Capital One
C/O Cheek Law offices.
You are here by summoned and required to serve upon the plaintiffs attorney a copy of an answer on or before March 5 2008.
If you fail to appear and defend, judgment by default will be rendered against you for the relief demanded in the complaint.
Complaint
1. Capital One Bank (USA) N.A. Has issued a credit card number xxxxxxxxxxxxxxx to the defendant who used or authorized others to use said cad and thereby become liable for the charges made on said credit card and became bound by the Terms and Conditions or Cardholders Agreement.
2. Upon belief, Plaintiff is owed the charged off sum of xxxxxx plus accrued interest of xxxx, for the total amount of xxxxxx plus future interest at 25% and the defendant is/are in default of their obligation to pay.
3. Attached hereto are copies of some significant account records of Capital One that Plaintiff has been able to retrieve to date. Any account records of Capital One Bank that are not attached hereto are attached because, on information and belief: (a) if this action is based upon a credit card account, statements were sent monthly by Capitol One to Defendant and are , or were, in the possession, custody and control of Defendant; and/or (b) the records may be voluminous; and/or (c) the records are not available at this time and/or have been destroyed.
4.Upon information and belief, despite being sent monthly statements by Capitol One. Defendant has never disputed any charges included in the balance set forth herein in accordance with the requirements of the terms and conditions or cardholder aggrement issued by the original creditor to defendant, thereby creating an account stated.
5. Despite any language contained in any documented attached to any oleading in this action or any other document filed with the court or server upon or sent to Defendant, Plaintiff is not seeking any judgment for attorney fees in this lawsuit.
Wherefore , Plaintiff demands judgment against Defendant for the charged off sum of xxxx.xx plus accrued interest of xxx.xx plus future interest @ 25% after January 13, 2009 plus cost of this action.
Received as proof was 1 copy of a statement dated June 2007 for due date of July 2007 and a 1 copy of a collections account screen print not from Capital One.
Please help me on how to answer the complaint, we lost our home in 2006 and can’t afford an automatic judgment.
Thanks
George
