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Originally Posted by LovinMyKids
Hi all. I received a summons on Friday from Capital One, filed by a semi-local law firm. I have no idea what this debt is for. Last payment made Oct 2006, which I thought was a balance payoff. Statute of limitations has not passed. Never received anything else from them until this summons. I plan to answer the summons, of course, denying the charges, but I wonder how likely are they (law firm) to have debt validation when we go to court? Unfortunately, I do not have any records of anything, other than a copy of the canceled (electronic) check from October 2006. (I know, big mistake) If I owe, I'll pay. Period. Do I need to request validation of the debt, discoveries, or what? Or are they required to have that in their possession in court? They attached a copy of the last alleged bill I was supposed to have received (but did not) as their Exhibit A, showing only a late fee and an overlimit fee. Thats not debt validation, is it? By the way, I do believe Capital One still owns this debt as they are listed as the Plaintiff on the complaint.
What a mess! Any input or advice would be greatly appreciated. Thanks!!!
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Answer the summons. Appear and find out what you supposedly owe (how much money and when it started accrueing). Make clear to them that you have not received any notices after your last payment in full on Oct 2006.
If the debt is not yours, then you should contest it. If the debt is on past late fees and past overdraft fees, then you need to show them the last bill and the payment receipt in full and ask the questions of when did you get charged for these fees and why were you not informed in writing of those fees. They should have appeared on your last bill as part of the payment in full.
You may have to pay regardless, but it's really not fair that you have not been informed of these accuring fees since your last payment. Did you move in the last year and some months?