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Collections Law/summons from Capital One

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Expert: Creditwrench - 1/29/2010


Question
On 01/19/10 I received a summon from a stranger.  I found out that I have been sued by Capital One (plaintiff) and Legal Recovery Law Office represent them.  I saw on the summon that the form was filed on 01/05/10.  Does that mean that I only have less than 8 days to file a response since today is 1/24/10 even though it said I have 30 days to response.  I don't know how the proof of service is determined since there is no signature or any proof that I received the summons.
If I file for a response, should I also send a validation debt letter after asking them to provide evidence that I owned them the money.  Also they have increased my debt from $6000 to $9300 claiming that they have charged me 23.9% interest and finance charge which I have no idea where it came from.  Can Capital One increase the interest rate to this much?

I am currently enrolled full time in school and are working with an income of $500 per weak. If I go to court do you think the creditor can still put me on judgement and garnish my wage and freeze my bank account?  I plan to settle with them but I want to make sure that they have a right to collect my money. This lawsuit has caused me lots of stress and hoping to get it over, please advise me of what I should do.  Thank you very much.

Answer

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If you hope to win and keep from getting garnished you must get proactive right now. You may think you can't afford  to get competent help but if they get garnishment they can grab 25% of youf income which if my figures are correct could amount to $500 a month leaving you only $1500. What you need to do is file a denial of all charges then send your response and a validation demand along with demand for admissions to the plaintiff's attorney all at the same time. I can help you learn how to do all of that and working together we could get it all ready to go in as little as 1 day. It is possible to do that. You can call me at 405-237-2174 if you would like some help with it.

Creditwrench

Expertise

Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.

Experience

I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.

Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.

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