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I have just been served it is from capital one and need advise. Here are some detail: I live in Texas, this is around 4 years old. Not sure how to find out when i went into default. Total amount being sued for is $1685 thats including $786.06 in accrued interest. I plan on filing my response this week. Also the same lawyer that is working for cap1 sent me a letter around Feb. about this debt and I sent them a letter back, nothing I can verify, stating that I do not recall this debt and I am requesting them to prove this debt is mine & valid. I heard nothing back from them until today when the Sheriff rang my doorbell. I guess my basic question is what should I put into the answer I plan on filing. I will be doing this myself as a lawyer would cost more than the debt. Also why would they be suing for such a small amount or they hoping for a default judgement? This case is set in my local JP court if that matters. This is my first time in Civil court, been to criminal court, this is not near a stressful, all that is at stake here is a judgement, not my freedom. Anyway sorry for being so long, but your advise will be greatly appreciated

Answer
John:

    Your answer should not consist of questions rather, denials or admissions or your claim that you lack sufficient knowledge to admit or deny the averments.  You go paragraph by paragraph applying the above.  Finally, you assert any affirmative defense such as the statute of limitations.  If you do not do so, you will waive them.

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Our expertise encompasses the legal frameworks under the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Fair and Accurate Credit Transactions Act amendments to the FCRA, and the FCRA. We are also well versed in Tennessee and West Virginia consumer law as well as Texas consumer law. DISCLAIMER: NO PART OF ANY COMMUNICATION FROM APEX CREDIT SERVICES, LLC IS TO BE CONSTRUED AS LEGAL ADVICE. APEX CREDIT SERVICES, LLC IS NOT A LAW FIRM. SHOULD YOU SEEK LEGAL ADVICE, CONSULT A LICENSED ATTORNEY IN YOUR JURISDICTION.

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