My brother was served a summons for Capital One debt. What happens during the waiting period?
Question by Tinkerbell: My brother was served a summons for Capital One debt. What happens during the waiting period?
He was served a summons from Capital One’s Attorney. He wrote a letter for validation of the debt and sent it Certified Mail which they had received on 12/23. Does he just wait to see what their response is? If he should do anything, does filing for motion for disclosure or a Sworn Denial come into play anywhere in this situation? When should he file for this? He’s confused on what his next step should be.
Thanks for your time and responses.
Best answer:
Answer by John
u wait,no,… get paper trail ready for court.
What do you think? Answer below!
The time he should have disputed the case, or asked for validation, was BEFORE they started the process to take him to court.
Once it gets to this point, it will be up to a judge what happens. He can go to court and plead his case. The judge will listen to both sides, and then determine a judgment (in all likely hood it will be in Capital ones favor. No one forced your brother to take out a credit card or to even use it.) Your brother will have to appear in court. He will have to pay capital one.
(if he has any sense he can call capital one and try and make a settlement offer. However they will probably require this to be paid in a lump sum, as he has a history of non payment)
~~Donna~~