Help Cap1 summons

Discussion in 'Credit Talk' started by rnmtenorio, Jan 31, 2004.

  1. rnmtenorio

    rnmtenorio Active Member

    Need help Iâ??m so confused!!!! Iâ??ve been reading for over a week and I still canâ??t find a way to do thisâ?¦â?¦
    My mother has an unpaid charge off account Capital One in the amount of $3790 (as per the last statement they sent her back on Sept. â??01, still within SOL in Florida. This is the only CC she had and was unable to pay due to a divorce.

    Received letter from attorney Hayt, Hayt & Landau back on Nov. 2002â?¦.saying they were the attorneys for Cap1 and had been retained to collect the $3790 + interest.

    She demanded validation and disputed with CRA as reporting inaccurate information since the amount reported differed. The accounts came back verified, of course, plus they added more interests.

    May, 2003 she received a Certified packet from the attorneys office which included about 2 years copies of statements, nothing else.

    Next thing she receives a summons to appear in court on Feb. 24â?¦..

    I know sheâ??s got to answer this to avoid a default judgment, my confusion is, if she denies everything can she then counter suit together with the answer, if she counter suits based on Cap1 reporting inaccurately, or the TILA, isnâ??t that a contradictionâ?¦.How can I put this togetherâ?¦â?¦.

    Any help is greatly appreciated.
     

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