Summons for bankruptcy debt

I received a summons naming capital one bank usa, na as the plaintiff. There is no court date on this summons. The credit card number is not the one I had a few years back. that card was paid off in full in 2011.

I had to file bankruptcy in 2002.

If this is a collections agency trying to collect on any of the accounts that were on the 2002 bankruptcy is that legal? And do I have to respond to their summons?

thanks for your time!!


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Oct 31, 2015
Lawsuit for old debt

You should always respond to a summons. If you don't, the collector may get a default judgment against you. However, the fact that this debt was discharged in bankruptcy (and the fact that it is probably time-barred as well) should be a defense to the debt collection lawsuit.

You may want to contact your bankruptcy attorney for advice. And if that is not possible, you can reach out to a consumer law attorney for advice. Here's how to get free or low-cost help with your debt collection problems here.

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