Hi, I have a charged-off account with Capital One. My last payment was made in September 2008. Because of my card member agreement, Capital One is governed by the Virginia SOL (which is 3 years). So, I should be clear of the SOL by just a month. I know that Cap1 can still sue and I need to go to court if they do. The SOL should give me protection in the courtroom but I am worried about them filing a lawsuit, me not finding out about it, and getting a judgement placed b/c I didn't show up at court. I have moved a few times around UT and CA. So, other people that have been sued (esp by Cap 1), how were you notified of the lawsuit? Was it always by the Sheriff or has anyone ever received notice through the mail or a local newspaper? I appreciate any and all help. Thank You.
Make sure you're 100% positive that Cap One isn't able to sue in the state where you currently live. I'm not sure of all the details in your situation, including which state you're currently living in, but I've seen past instances when this has occurred. Also, it's possible that the SOL could have been tolled when you moved out of state. Basically, my point is that I wouldn't trust that the VA SOL applies to your case. Also, I don't believe there's anything that would stop Cap One from serving you through the mail. It happens all the time.
