I received a summons for court on a bebt for Capital One. Since this is different (or so it seems) than just a collection agency I don't know how to respond to this? Should I still file a motion to dismiss, lack of subject jurisidiction, and a failure to state claim upon relief must be granted. Does anyone have specific advice on this situation? I live in Colorado. Thanks for any advice anyone has!

The first thing I would do is find out where it came from. There have been so many fraudulent collection actions, and agencies out there because of the state of the economy. Call Capital One or an agency that can give you free legal advice. I wouldn't do anything with it until I had talk to someone who can explain exactly what it is all about. I'd be careful talking to the people who sent it, because all they want is money. You could always call the courthouse, and speak to the county clerk she might be able to help you. Good Luck, I hope all goes well for you.