Legal Question in Credit and Debt Law in California

You will need to file a general denial (assuming that the complaint is not verified); go to http://www.courts.ca.gov/forms.htm?filter=CO/; click on the link for PLD-C-010, fill out the form, take the form to the court in which the action is filed, pay the filing fee, which will prevent Capital One from taking your default and getting a default judgment against you. You will need to do some research to figure out what affirmative defenses to use, but you must include those defenses or they may be waived. You may want to seek the help of attorney to file the answer. It is always possible to make payment arrangements and to settle lawsuits; in fact most lawsuits settle before trial. After you file your answer, contact the attorney that filed the complaint and ask whether his client would be willing to accept payments. Keep in mind, however, that Capital One does not have to accept anything less than the amount they are claiming.