1. Who is the named plaintiff in the suit?
Capital One Bank
2. What is the name of the law firm handling the suit?
Moss Law Firm (Lubbock Texas)
3. How much are you being sued for?
$1,553.64 (Credit report says $1,621)
4. Who is the original creditor? If not the plaintiff?
I cannot find another name listed, I think that the OC is the plaintiff.
5. How do you know you are being sued?
Served on 5/4/19
6. How were you served?
At home address during dinner on Saturday.
7. Was the service legal as required by your state?
Yes, I can’t find a violation on the way served.
8. What was your correspondence with the people suing you before you think you were sued?
No contact, phone or otherwise.
9. What state and county do you live in?
Johnson County, Texas.
10. When is the last time you paid your account?
4/13/17 as recorded on the credit report.
11. When did you open the account?
I believe the account was opened in 2014.
12. What is the SOL on the debt?
SOL in texas is 6 years.
13. What is the status of the case?
Filed-waiting period after service is the last entry on the case file.
14. Have you disputed the debt with the credit bureaus?
No.
15. Did you request debt validation before the suit was filed?
No.
16. How long do you have to respond to the suit?
14 days.
I have attached copies of the service papers with all of the facts, cause of actions, attorney’s fees, and prayer.
17. What evidence did they send with the summons?
An account statement from November.
18. How did you find out about this site?
Have used it before to build an answer.
With all of this info, and my searching, I have a few questions.
I believe that it is the OC suing, not a JDB. I also think that Capital One’s credit agreement does not have an Arbitration clause, because they removed it during the early 2010s? Seeing as how this is the OC, and there is no arbitration clause, my plan of action is to file a general denial to all points. What is the language to file in the answer that basically states a general denial of all claims?
My plan is to file the answer, and then contact the OC and approach for a settlement. I just have to answer to the summons first to avoid a summary judgement.
