Legal Question in Credit and Debt Law in Utah
Served with legal papers from Capital One
My husband was served on Saturday, June 16th with papers from Constantino Law Office regarding a Capital One credit card debt. The notice says it�s a summons, no case number or judge�s name but says Third Judicial District Court Salt Lake County, West Jordan Department.
The notice claims that as of 6/19/2003 the balance of $1,098.42 was due and owing. They are demanding that they are entitled to a judgment in the amount of $1,098.42, plus interest at the rate of 25.9000% per year on the balance, such interest accruing from 6/19/2003.
Is there a statute of limitations for them to try to collect this? Can I require some documentation regarding this debt to prove the balance? Is the interest % in line with the usury laws in the state of Utah? My husband doesn�t work, he stays home with our children, we have no assets that they could possibly want, no cars or a house in our name. They are demanding a written answer from him within 20 days, I�ve always been told that giving a creditor too much information is not a good idea, especially on a debt that is old.
What do you suggest?
1 Answer from Attorneys
Re: Served with legal papers from Capital One
If you do not answer the creditor will get judgement against you. You can answer and deny the claims. Thereafter you can get the info on the debt. You can also call the lawyer and ask for more info.
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