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Answer to summons....Need all the help we can get!!!!!
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Posted by InACrunch
(65.176.169.197) on February 10, 2003 at 14:32:46:
Here's the condensed version:
My husband and I are residents of Michigan. Capital One Bank has served us with a summons. Our time limit for answering the complaint is Feb. 13, 2003. The complaint states we "are justly indebted to Capital One Bank, in the sum of $711.03 Dollars with 21.15% interest from 7/16/02, and reasonable attorney fees and that the annexed account which is made part hereof, is a true and correct statement of said indebtedness." First of all, can they continue to charge interest on the account as this infers? Secondly, what do they mean by the phrase "annexed account which is made part hereof?" Does this mean that there should be some copy of debt authentication attached to the summons? (There is none attached.) Here is the part that is most mind-boggling: The final line states, "The note or other written evidence of indebtedness in this matter has been destroyed, lost or is inaccessible." When we read that line, our interpretation is that they are basically saying, "You owe us money and this is how much, but we can't prove it so just take our word for it and pay us now." Have we missed something? We're really not sure HOW to "answer" the alleged complaint. What is the best way to handle this? Finally, when we answer the complaint, do we mail it to the judge and "c.c." the Plaintiff's attorney? Should that be done by registered mail? We will have to ensure our answer is in the hands of the court within the next 72 hours so delivery method is a crucial factor.
Thanks in advance to anyone who can help!
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