Help! I was served a Summons and need help with the answer.

Submitted by rachelfrey79 on Fri, 10/08/2010 - 19:23
Forums

I was served a summons in Indiana by Capitol One Bank.

I have been working with a debt settlement company to help negotiate this debt and did not have knowledge that this account was turning into a lawsuit. That's neither here nor there.

My main question is as to how I should answer the summons.

Also, I do not know if Capitol One is DIRECTLY suing me or some other credit collections company. It says Capitol One Bank C/O TDM/NCO Financial Systems, 5100 Peachtree Industrial Blvd, Norcross GA 30071.

I understand that you can request proof of debt from the plaintiff but if it is the original creditor, this is not advisable since they will undoubtedly be able to provide documentation.

The complaint is numbered 1-4. Complaint #1 says "That the defendant is indebted to plaintiff for purchases of merchandise sold and delivered, services rendered, or cash advanced at request of defendant and paid for by plaintiff....blah blah

Complaint #2 says That thereafter plaintiff performed all the conditions thereof on its part to be performed.

Complaint #3 says That defendant(s) have failed and refused to pay pursuant to the terms of said instrument and are in default thereon.

Complaint #4 says That there is due and owing plaintiff thereon the sum of xxx plus finance charges, if applicable, reasonable attorney fees, if applicable, and costs as provided by the terms of said agreement.

So I would ASSUME, since I cannot afford a lawyer I must ASSUME...that I would answer
#1 as Agree,
#2 as Defendant lacks information sufficient to form a belief as to the facts alleged, and on that basis, Defendant denies them,
#3 as agree, and
#4 as Defendant lacks information sufficient to form a belief as to the facts alleged, and on that basis, Defendant denies them.

Does this sound right? Obviously without proper documentation, I cannot agree that I owe the amount they say I owe. (#4) I also don't know whether the plaintiff performed all the conditions thereof. (#2)

don't agree to one

Ask for proof

NCO is a Collection agency and you need to send them a DV letter.

do you have a court date

Sat, 10/09/2010 - 14:33 Permalink
crorkz matz (not verified)

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Tue, 08/05/2014 - 15:12 Permalink