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    npbecker's Avatar
    npbecker Posts: 3, Reputation: 1
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    #1

    Feb 7, 2008, 08:46 PM
    Credit card debt summons
    I was recently served a summons for a credit card debt with capital one for an account that I hadn't done anything with for over 5 years. I am supposed to file a "motion" or "answer" to the court within 30 days. What does each mean and what would be the best approach for my situation? The principal balance was $2526.96, but according to the lawyer representing the credit card, it is a total of around $4300 including court fees. How can I get this resolved with paying the least amount and quickly. I have about 8 days left in the 30 days to answer.
    Thanks for any help
    progunr's Avatar
    progunr Posts: 1,971, Reputation: 288
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    #2

    Feb 8, 2008, 10:37 AM
    You need to answer, QUICK!

    With so little time, I would just deny the debt and appear in court.

    Be sure to send the written answer via certified mail, signature required on delivery.

    You will then be notified of the hearing date. Meantime, you could contact the attorney, offer to some type of settlement, without going to court.

    He may or may not be willing to accept your offer. Either way, failure to answer will cost you a default judgment and you certainly don't want that!

    Get busy with your answer NOW PLEASE!

    Good Luck!
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #3

    Feb 11, 2008, 05:26 AM
    File Notice of Intent to Defend, also add this is a timed barred claim if your state SOL is under the 5 year limit. File Motice to Dismiss for SOL has expired.
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