Hello everyone. I am new to the site and was looking for some advice. Just a few days ago, I got a summons to appear in court regarding a Capital One card I had got back in 2004. The original credit limit was $200.00 and now is up to $893.19. The collection agency who is suing me is Midland Funding, LLC. The summons tells me that I have 20 days after the service of the Summons to appear in court and defend this action. I have to file an answer or proper response in writing with the Clerk of Courts or a judgement by default will be rendered agaist me. How should I do this?
I can't tell you how to do it in open forum. I am concerned that if I did I might be charged with unauthorized practice of law because I am not an attorney. I can tell you what I would do if I were served with a summons and complaint but I don't feel at liberty to tell you how I would do it even if I do know exactly how I would do it if I were served with a summons and complaint. So what it boils down to is that you have 20 days to learn how to do it or find competent legal counsel to do it for you. Quite frankly I don't think you are likely to find anyone on any web site or forum who will stick their neck out sufficiently to tell you how to do it either. If so, I've missed it somewhere and there are very few message boards or blogs or news groups that I don't follow very closely. I keep track of well over 400 such web sites on a daily basis so I don't miss much. If you wonder how I do that just click on my signature lines below and you will see how it is done.
Try calling the clerk and asking what constitutes a "proper response". While they can't give you legal advice, they may be able to give you basic advice (such as, "Your response must be on 8.5x11" paper with 1" margins, double-spaced in a 12-point fixed-width font, delivered to the courthouse no later than 3pm Friday"). While that won't win your case, any legit advice helps. 2004 is a long time ago. What state are you in?
Ok, let me take a wild guess. It was signed by a lady named Maisha Davis and notarized by a Dudley Turner or a D. Turner who is a notary public in Georgia. Am I even close? If not then who did sign it and who was the notary public.