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  1. #1
    tja128 is offline Newbie
    Join Date
    Jun 2008
    Posts
    2

    Capital One and Served

    I am looking for suggestions on steps to take as well as personal outcomes since I have been served by Capital One in PA.

    I have an original amount due of @7500 and an interest of @12500. I am being sued by Capital One for the 12500.

    I am married but the house is in my husbands name and so are the cars. My husband has excellent credit and of course I don't since I am being sued. We do our taxes together as a joint filing. I have no assets in my name or on any paperwork as a cosigner etc.

    What is your advice?
    Does anyone have outcomes from going to court?

    Thank you!

  2. #2
    greg1045 is offline Senior Member
    Join Date
    Aug 2007
    Posts
    881
    When did you first become delinquent on that account? The SOL in PA is four years.
    Unless the card is held jointly by you and your husband your husband's wages should be safe from any garnishment attempts. If you have a joint bank account though, get your name & funds out of that account and open an account in your name only at a completely different bank.

  3. #3
    Fixincrdt is offline Junior Member
    Join Date
    May 2008
    Posts
    20
    Make sure to answer the summons through the court in the time-frame given.

    If its a legit debt and within SOL, I'd call the CA/CA attorney and try to settle for a lesser amount. Make sure you file your answer even if they're willing to settle. Get everything in writing. Does Cap 1 still own the debt? (they *usually* don't sell) You need to find out if its within SOL.

  4. #4
    tja128 is offline Newbie
    Join Date
    Jun 2008
    Posts
    2
    The first delinquency happened around Jan 2006 or late 2005. Have to double check on the last payment date on credit report.
    My husband has a checking account of his own. I have a checking in my name and his. I can't access (i.e., transfer funds) his account from my checking. He can access the joint from his though.

  5. #5
    greg1045 is offline Senior Member
    Join Date
    Aug 2007
    Posts
    881
    Quote Originally Posted by tja128 View Post
    The first delinquency happened around Jan 2006 or late 2005. Have to double check on the last payment date on credit report.
    My husband has a checking account of his own. I have a checking in my name and his. I can't access (i.e., transfer funds) his account from my checking. He can access the joint from his though.
    Get your name off of his.

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