Legal Question in Credit and Debt Law in Ohio

Re: being sued by credit cards

First, you should contact an attorney. Even if you decide not to hire him or her, he or she can help lay out your options for you.

You have received a Summons and are required to submit an Answer within 28 days of your receipt of the summons. While it may seem simple enough, just answering whether you owe the money or not, there are many things to consider when writing an answer. First is the format of the answer - what should it look like? Then you need to actually admit or deny the claims against you - not just the claims in general, but each paragraph as presented in the Complaint. After that you have any affirmative defenses (things that, if they are true, would be a defense even if you are otherwise liable - things like statutes of limitations and procedural issues). If you have an affirmative defense but don't raise it in your Answer, you can be barred from raising it later.

It is very possible that you will be able to settle the matter outside of court. Litigating a debt is expensive for a company, so they will likely be willing to avoid it if they can. A lawyer can help you do this by speaking with the company on your behalf and finding out if they are willing to drop the suit and what they would require to do so. Without a lawyer you can talk with Capital One, but they may be less likely to take you seriously. In addition, if they don't dismiss their Complaint before you are required to file an Answer (28 days), failure by you to file an Answer can result in a default judgment being entered against you for whatever is asked for in the Complaint - even if it is more than what you might actually owe.

As far as the cost of hiring an attorney, it depends on many things such as the size of the firm and location (a lawyer practicing in an urban area may charge more than one in a rural area because of the difference in cost of living). Some lawyers offer payment plans to allow you to pay off the fee over a set period of time, usually a few months, and this may be something you might be interested in.

If you have other questions or would like to discuss your specific case further, feel free to contact me.