Hey All. Yes, I'm new, but I'm on the right track - I've read thru whychat's site plus alot of the great info from this forum, but just wanted to hear a few opinions. I received a Summons/Complaint on Wed, April 13 (this past Wed) from a law firm representing cap1 suing me for a cc account - my court date is set for april 29. Long ago I sent C&D letters to the CA's cap1 sent after me (it's somewhat complicated, but I actually was still paying on the account while they began collection activity - I was a day or two late one month w/payment and that late fee bumped it over the limit of the card and thus began a year of them tacking on "late" and "overlimit" charges every month tho I still sent in my minimum payment - at that point I just didnt want to NOT pay). But after I knew I was getting nowhere and cap1 basically told me flat out I was responsible for ANY and ALL charges on my account, I didnt know what else to do, so I stopped paying. This was around Aug 2004. I noticed their bit about my having "30 days to dispute debt" but I never really understood what that meant, so I did nothing w/that. Now that I'm I'm seeing that they want $1300 on a card w/a limit of $300 (you're reading right) I've decided I'm going to fight it. I know about filing the Notice of App and my ANSWER, but I was wondering this: tho I've been served w/the summons, is it even still worth it sending the firm a VALIDATION letter to kind of begin my dispute process? Any suggestions? I'm still working on the FAQ as well as Doc's primer and other readings. All help is appreciated =) Thanx much
I wouldn't send a validation now. Your court date is less than 30 days away. File your answer to the complaint and say you don't understand the amount, etc. Read here for some examples of how to answer the complaint.
