Legal Question in Credit and Debt Law in Arizona

Last night, 6-3-13, my fiance answered the door and was served a summons (for me) on a credit card debt I had from 11/2006 with Capital One. I looked at my credit report last night, and that's the date showing that the account was opened. The amount they are asking for is 3,810.00. The summons was dated May 13, 2013. It says that I have 20 days from the time the summons is served, to write to the courts. I tried to settle this account years ago through a debt settlement company, but Capital One would not reply to them. Honestly, I had forgotten about it (since it has almost been seven year ago now). Now, I don't know what to do. I live in Arizona, and lived in Arizona at the time this account was opened. Any advice is greatly appreciated.


Asked on 6/04/13, 7:32 am

1 Answer from Attorneys
David McGlothlin Hyde & Swigart

If a debt buyer is the company suing you, it may be in your best interest to fight the lawsuit. They have to prove the amount that you owe and also that they have the right to sue you.

Furthermore, they have 6 years and one month from the date of your last payment to sue you. If they are outside that time frame you may have a good defense based on the statute of limitations.

Either way, I suggest you contact an attorney for a free consultation.

Attorney David McGlothlin

Hyde & Swigart

2633 E. Indian School Road, Suite 460

Phoenix, AZ 85016

602-265-3332

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Answered on 6/04/13, 8:43 am


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