I got a letter in the mail about a summons from Capital One. The paper was dated August 11th. &it said I had 20-30 days to answer, but now it's too late. I haven't seen this paper until a couple days ago, because I don't live at that address anymore.
What action should I take now ? It's ridiculous the amount of money I owe them, when I only used under $300 on the credit card.. &the amount I owe them now is about $1100 now, because of the 'payment protection' program fee &the late fees ii presume.

Submiit an answer to the court immediately. Indicate that you only just received notice

Ok thanks ! ii definitely will... ii'm scared though >_<

&ii'm definitely reminding myself never to give an 18 year old a credit card, when ii have kids.. >_<
That was 2 years ago ii first got the card & ii sooo regret it.

Quote:

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Originally Posted by elisex

I got a letter in the mail about a summons from Capital One. The paper was dated August 11th. &it said I had 20-30 days to answer, but now it's too late. ...

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As ScottGem says, file what is called an "answer" immediately. This would be in a specific format and say certain things. Ask the clerk of court if they have a form, or check on the court's web-site.

Did you receive a letter about a summons, or did you get the summons itself? A summons would be a legal form signed by the clerk of court and it would say that if you don't answer within so many days a default can be entered against you. It wouldn't say "20-30 days", but would give you a specific number of days (20 for example).

It says...

Capital One Bank (USA), N.A.
Plaintiff,

-Against-

[My Name]

[ On the right next to the above statement, it says ]

CEC-11 [Stamped above]

[ thenn.. ]

Consumer Credit Transaction [with a 6 digit number stamped on it]

Index Number:
C&S File No. N------ [with a different 6 digit number]

SUMMONS

Plaintiff's Address:
[their address in VA]

The basis of the venue is defendant's residence.

[under that it has COPY stamped in red.]


To the above named defendent(s):
You are hereby summoned and required to appear in the district court of the county of suffolk, first district: ronkonkoma, at the office of the clerk of the said court at [court's address], state of New York, by serving an answer to the annexed complaint upon plaintiff's attorney, at the address stated below, or if there is no attorney, upon the plaintiff at the address stated above, within the time provided by law as noted below;
Upon your failure to answer, judgment will be taken against you for the relief demanded in the complaint, together with the costs of this action.

Dated: August 11, 2011
Cohen & Slamowitz, LLP
Attorneys for Plaintiff
[their address]
[their number to refer to C&S File No. N------]
Note: The law or rules of law provide that: ------------------------------------ [with a pen someone made a line, but not a dashed line]
A) If this summons is served by its delivery to you, or (for a corporation) an agent authorized to receive service, personally within the county of suffolk, you must answer within twenty (20) days after such service; or
B) If this summons is served by otherwise than as designated in subdivision (A) above, you are allowed thirty (30) days to answer after the proof of service is filed with the clerk of the court.
C) You are required to file a copy of your answer together with proof of service with the clerk of the district in which the action is brought within ten (10) days of the service of the answer.

Defendants to be served:
[My Name & My Old Address]

This communication is from a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose.

[Below to the right, it is stamped sideways in black saying.. ]

Aug 23 [time] '11
Suffolk County
District Court


All of this is typed in Capital letters though..

& it has 2 more paper attached as well.

How should I answer this? I want to fight back.. because it's not fair... I shouldn't owe that much money.. it's all racked up in interest, payment protection fee every month, & along with late fees & whatever else...

Quote:

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Originally Posted by elisex

It says....
...

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It is a summons all right.

Depending on how it got to you, service of process might be a question, but I would guess that service is good so default could be entered at any time. File your answer first thing in the morning.

I forgot that in some places, evidently such as New York in your case, a summons can be signed by the plaintiff's attorney. Since you were not served in person, you would have had 30 days.