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?
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.
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.
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.
Originally Posted by tja128