How to Answer a Summons From Capital One
A summons is a paper issued by a court informing a person that a complaint has been filed against him, according to US Legal.com. When a Capital One or other credit card consumer falls behind in his monthly payments, the credit issuer may pursue legal action to collect what it is owed. A creditor such as Capital One files a civil lawsuit and seeks to win a judgment in its favor.
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Instructions
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Determine the jurisdictional venue, which is the number of the circuit court and the county or city where it's located. For instance, if the defendant lives in St. Petersburg, Florida, the circuit court would be the Sixth Judicial Circuit in Pinellas County.
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Style the answer just like the complaint summons. Copy the wording and format from the Capital One summons appearing at the top of the document, including any special characters such as a partition line.
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Insert the word "ANSWER" in bold capital letters in the center of the document below the case's plaintiff and defendant's name.
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Copy each allegation made by Capital One and deny each by stating that "The Defendant denies said allegation."
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File the answer in the court where Capital One filed the lawsuit against you, by giving or mailing a copy to the court clerk within the time allotted to answer.
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Mail a copy of the answer to Capital One's legal department. The address will be on the complaint summons at the end of the pleading document, along with the attorney's bar number.
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Tips & Warnings
Consult an attorney about the Capital One summons. Under the Fair Debt Collection Practices Act, you have specific rights if the creditor is harassing you.
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