Good morning!!
I just received a court summons from a lawyer representing Midland Funding LLC for an old Capital One credit card debt around ~$4500.
I’m a single mom and I definitely can’t afford to settle, have my wages garnished, or hire a lawyer 😖
I was up so late last night reading previous forums about this exact topic, and the advice given here was beyond helpful. I’ve decided a motion to compel arbitration is definitely my move here.
So I guess I have a couple questions and please be patient if these aren’t very educated thoughts, no clue what I’m doing!!
I have to provide an “answer” to my summons, by mail, with a copy sent to the plaintiff lawyer and a copy sent to the court. I’ve drafted this answer basically not agreeing to or denying any of their claims, instead asking for proof. I figure this will buy me some time as I have 30 days to answer. I want to also file a motion to compel arbitration but I cannot find a single word about arbitration in Capital One’s user agreement that I searched on Consumer Financial Reports. Does any one have any experience with Capital One debt?? I assume having no mention of arbitration in the user agreement means I can proceed as planned? Should I still print the user agreement to attach to my Motion?
I live in North Carolina.
Thank you so much in advance! I am so panicked and would love any insight y’all can offer ❤️
