Legal Question in Credit and Debt Law in California

I'm being sued by a debt collector representing Capital One for $3,000 dollars; how do I answer the summons and ask them to prove that I owe what they say I owe? I sent them a debt validation letter and they ignored it

Asked on 5/28/12, 3:49 am

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen
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You first must file a proper response to the complaint within 30 days of service of the summons and complaint, i.e. an answer, demurrer, and/or motion to strike. Once you do that, you are entitled to conduct "discovery," which means sending to the plaintiff written questions (interrogatories), demand for production of documents, and requests for admissions. Once received, the responses and documents should give you a better picture of what is being claimed and whether the plaintiff has evidence to support its claim.

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Answered on 5/28/12, 9:18 am

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