Legal Question in Credit and Debt Law in Georgia

Summons from Attorney's Office claiming to be Capital One Bank Attorney

I received a summons,via Sheriff, from an attorneys office claiming to be a credit card company's attorney. I have been instructed to provide an answer to the court regarding this credit card debt. I obtained a copy of my credit report and this debt is reflected as ''Charged off account, account closed by credit grantor''. There is no documentation this debt was ''sold'' to anyone. Am I responsible for this debt? How do I reply to the court summons?


Asked on 12/28/06, 1:39 pm

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Summons from Attorney's Office claiming to be Capital One Bank Attorney

If you have been sued, it is time to hire an attorney. We can't tell you how to answer. A "charge off" is an accounting term and/or a credit report term. It does not meant a debt goes away, or that a debtor can't be sued by a creditor or its transferee. Hire a lawyer to answer your specific questions and prepare an answer. You may also consider whether the legal fees may be better used toward paying the debt.

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Answered on 12/28/06, 2:02 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Summons from Attorney's Office claiming to be Capital One Bank Attorney

Charged off does not erase the debt. It is simply the creditor reporting that they consider you to be unlikely to pay, and that lets them account for it bookeeping wise. You still owe the debt and they can either collect or sell the debt. The only way to wipe out the debt would be to (a) pay or (b) file bankruptcy (if you are eligible to discharge the debt). Filing an answer without a lawyer tends to be pretty futile in most cases; if you do elect this route and lose, they will be able to do things like garnishment.

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Answered on 12/28/06, 3:17 pm


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