I got summons from Capital One

[BrynKat]

I've read through threads and over the internet how to deal with Capital One lawsuit.

I got the summons last Saturday. The print is so little that I could hardly read it, had to take outside several times. It's a very short form. I've read "how to respond...." over the internet. This summons doesn't included questions for me to defend myself. There is no court date. Only that if I don't reply they'd get a judgement against me automatically within 30 days.

There is no where that I can answer like if I am this person XXX that I'd answer true and deny some. Nothing. A very short form. Just said that I needed to file with Garland County (I am in Arkansas)...with what?

It was for 3,200, but it has shot up to 5,628 due to their jacked up interest rate and more bogus charges. No need for me to tell you a long story. To make a story short, I had a job when I got it, but got laid off in 2006 so I got on SSDI since I am totally deaf. I tried to keep up for several years until I could no longer afford to pay it several months ago. My SSDI and small pension are too small. According to Arkansas law they cannot touch my SSDI and pension.

No assets here except for my broken down 2001 Sportage KIA which has been sitting there for 2 years.

What I am asking you is what I should say in letter to him and file with County Court?

[LadyInTheRed]

Was a complaint served along with the summons?

A complaint is filed to start the lawsuit. When the complaint is filed, the court issues a summons which tells the defendant that they have been sued and have a certain amount of time to answer the complaint to avoid a judgment. The summons and complaint are served on the defendant at the same time. If you only received a one page form, it may be a scare tactic. Make sure a lawsuit was actually filed. Washington is the only state I know of where you can be validly served with a lawsuit that hasn't yet been filed with a court. There could be other states, but after glancing through the Arkansas Rules of Civil Procedure, I think your states requires the complaint be filed with the court before it is served on you.

Neither the summons nor the complaint asks you any questions. What you answer is the complaint, not the summons. The complaint alleges a cause of action. It would make certain allegations necessary to support a cause of action. It probably starts by saying that BrynKat is a resident of the State of Arkansas and County of Garland in order to establish that the court has jurisdiction over you. It will probably go on to say that on a certain date BrynKat signed a credit card agreement agreeing to certain terms and then made charges on the credit card and on another certain date defaulted. It will then say that BrynKat owes CapitalOne $5,628 plus other amounts that they will prove later, like attorney fees for example.

When you answer the complaint it's not an answer to questions, it's an answer to the accusations contained in the complaint. In an answer, you either deny or admit each allegation made in the complaint. You might admit your residence and that you signed a credit card agreement and that you made charges to the card but deny that you owe $5,628. Some states allow you to file a general denial in which you deny all allegations without having to address each allegation separately.

The answer has to be in a certain format. There may or not be forms available to help.

What do you hope to gain by answering? The fact that you can't pay and that your income is all exempt from collection will not keep the judge from entering a judgment against you. What you need to do is take whatever actions are necessary to make sure CapitalOne doesn't garnish the account where you deposit your exempt income. Or, you can file BK and discharge the debt and not worry about it.

If you want to learn how to answer a complaint try googling "how to answer a complaint in Arkansas". The first result is http://www.arlegalservices.org/answer. It looks like a good place to start. You might also want to call their help line and find out if you qualify for pro bono legal services.

[BrynKat]

Thank you so much for your great help, Lady in Red. The link to arlegalservices has been very helpful. I have gotten in touch with a bankruptcy attorney via his website, got an email for me to call him to set up an appt. with him.

I got summons and complaint which consists of 3

1) Nature of Claim
2) Nature and Amount of Relief Claimed
3) Factual Basis of Claim

and then Affidavit

I can tell it's for real. I think my best move is to call bankruptcy attorney. I will get back to you to keep you info.

[LadyInTheRed]

Glad to help BrynKat. Before your appointment, spend some time reading this board and understanding how BK works. It will help you know what questions to ask about your specific situation and make the consultation more productive.

Good luck!

Oh, and I forgot to say: Welcome to BKforum.

[Bell30656]

I'm a real jerk. I denied everything except my name, address and jurisdiction of the court. My denial of signing the contract was something like; At this time I have been unable to examine the signature to determine if it indeed mine or not, therefore I deny items 4, 5 and 6.

[BrynKat]

Haha, very funny! Nay, you're not a real jerk! LOL I think Capital One is a real jerk! First they jacked up my interest rate from 12 to 24.99 for no reason after they got the bail out money, surging the bal. I had. Then later on I couldn't afford to pay the minimum which was 188.00 so I paid 150.00. Guess what? They turned my acct. over to collection agency less than 30 days! (no missed payment). I called, but got a run around then Cap One took back my acct. but I refused to pay so they turned it over to a lawyer here in AR which sent me summons in all fine print! Jerk!

I have an appt. with bankruptcy attorney tomorrow at 3pm. I will keep you all info.

[GoingDown]

Haha, very funny! Nay, you're not a real jerk! LOL I think Capital One is a real jerk! First they jacked up my interest rate from 12 to 24.99 for no reason after they got the bail out money, surging the bal. I had. Then later on I couldn't afford to pay the minimum which was 188.00 so I paid 150.00. Guess what? They turned my acct. over to collection agency less than 30 days! (no missed payment). I called, but got a run around then Cap One took back my acct. but I refused to pay so they turned it over to a lawyer here in AR which sent me summons in all fine print! Jerk!

I have an appt. with bankruptcy attorney tomorrow at 3pm. I will keep you all info.

CrapOne was the most aggressive one with me. They were, as it turned out, the only one of many creditors who ever bothered to sue me.

They are the worst in my opinion.

[BrynKat]

I went to Bankruptcy attorney today. I was surprised to find his office in a very small house so shabby. Anyway, his fee: 349.00 to file and the rest: 950.00. He accepts payment plan. He says I am qualified for BK Chapter 7. I already gave him 200.00 which was all I had. He's going to go ahead and file. He reminds me of Robin Williams. lol rimless glasses, beard, suspenders to hold his pants. He's the only one BK attorney in town! I asked him about what to do with Capital One. He said for me not to speak to Capital One at all.

Yeah! Capital One is the worst!