Capital One Judgement filed in 2007 and card has not been paid since 2004 not served
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  1. #1
    Join Date
    May 2012
    Posts
    4

    Capital One Judgement filed in 2007 and card has not been paid since 2004 not served

    I am so confused on what to do, some sites say try to get it vacated, some say offer a settlement. I spoke with a lawyer and he said to contact and offer to pay at least half. The original card was for 400, and now they say I owe 1900. I want to buy a house next year and so will need to do something about this. If I wait until 2014 will it fall off, or will they renew it? The account was sent to a law office rothman or something, not sure? I really do not want to pay more than double for a card that was from almost 10 years ago.

    What should I do?


  2. #2
    Join Date
    May 2003
    Posts
    3,855

    Re: Capital One Judgement filed in 2007 and card has not been paid since 2004 not ser

    First, we can't tell you what you should or shouldn't do, and we can't provide legal advice - at least most of us fall under the "I'm not an attorney, and I don't play one on TV" disclaimer.

    We don't know if the judgement will fall off, when it'll fall off, or if they'll renew it, when they'll renew it, because we're not them. These are the decisions that they would make, and we've probably seen examples that a judgement should have fallen off and was renewed, and ones that we would have felt sure that would be renewed that weren't.

    Searching for rothman law office I got a number of matches, no idea which one it could be, the right one should be listed either in your credit report, or at the court house.
    --
    jam
    An educated consumer.

    Daniel Webster: You seem to have an excellent acquaintance with the law, Sir.
    Scratch: Sir, that is no fault of mine. Where I come from, we have always gotten the pick of the Bar.
    The Devil and Daniel Webster, Stephen Vincent Benet

  3. #3
    Join Date
    May 2012
    Posts
    4

    Re: Capital One Judgement filed in 2007 and card has not been paid since 2004 not ser

    Thanks for the advice, I was more of wanting other people's experience. This is the lawyers office, Rubin & Rothman, LLC. This whole thing is soo confusing, the other debt has been simply, but capital one sucks, the ironic thing is that I was able to get a new card from them a couple months back.

  4. #4
    Join Date
    Dec 2000
    Location
    Hockeytown
    Posts
    425

    Re: Capital One Judgement filed in 2007 and card has not been paid since 2004 not ser

    Hi RedShoes

    Welcome ‚?? hopefully we can help.

    First you can‚??t get it vacated, way too late for that so take that off the table.

    It‚??s my belief that you are past the point of settlement. This creditor has a legal right to the full amount of 1,900, why would they settle for half when they can garnish and/or place a lien for the full amount.

    As for renewal just Google (insert state name) collection laws ‚?? you should be able to find the SOL of a domestic judgment in your state and wither or not it is renewal.

    If you want to purchase a house then you have to pay the debt ‚?? I would do it now because you don‚??t want to hold up your pre-qualification, or eat at your down payment fund.

    As for getting another card ‚?? that debt was sold to law firm years ago, Cap1 has charged off that account, I was sued ‚??by‚?Ě Cap1, BK‚??ed them in 2010 and one month after my discharge I applied and was approved for a new card. It‚??s all about the money and customer count.

    Good Luck with Everything.
    ~~~~~~~~~~~~~~~~~~~~~
    Desdemona
    Breathe In ~ Breathe Out ~ Move On

  5. #5
    Join Date
    May 2012
    Posts
    4

    Re: Capital One Judgement filed in 2007 and card has not been paid since 2004 not ser

    Thanks for the tip, I don't have anything to garnish or own. The house my bf owns ( well it's in his name) will be the downpayment to build the new house,and I do not have a job, I get by doing odd freelance work, and am a student. They never came after me when I had a job two years ago and I made decent money then. Anyways thanks for a little bit more clarity. :-)

  6. #6
    Join Date
    May 2012
    Posts
    6

    Re: Capital One Judgement filed in 2007 and card has not been paid since 2004 not ser

    What state are you in?