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devilychurchy · May 7, 2009, 06:00 PM

I had a Capitol One card that was defaulted on back in June 2004. On May 5, 2009 I was served with a summons from a lawyer. The summons is dated April 29,2009 on my credit report it says that Cap One charged this off May 2009. I am getting $200 a week in unemployment and about $300 from a part time job. Cap one wants $8900 plus all the extras. What are my legal options?

ScottGem · May 7, 2009, 06:21 PM

The fact that it was charged off has no bearing on you.

You respond to the summons, and then ask for verification of the debt. Also check the Statute of Limitations for your area. But if its valid they will get a judgement. If you have no money there is little they can do to collect until you get a job.

Fr_Chuck · May 7, 2009, 07:22 PM

Correct charged off is merely an accounting term, the extras is interest, late fees and most likely legal fees.

If it goes to court, most likely they will win.

I am concerned how you can be earning 300 dollars a week and still collect unemployment, is that not enough earnings to stop your unemployment

devilychurchy · May 7, 2009, 07:33 PM

It is around $300 a month not a week

this8384 · May 11, 2009, 11:29 AM

Where are you located? You said you defaulted on the card in June 2004; when was the last payment that you made?

Are you sure what you received from the lawyer is actually a court summons?

devilychurchy · May 11, 2009, 08:04 PM

State of Connecticut, I believe it was around May 2004 and yes it is a Civil Summons

this8384 · May 12, 2009, 07:52 AM

Assuming the debt would be a "written contract" because you signed for the card, Connecticut has a 6 year SOL:
Connecticut Statutes of Limitations
So the company is very well within SOL. You won't be able to use that as a defense.

Your best option would be to try and negotiate out of court. They may or may not want to. Like Fr_Chuck pointed out, if it goes to court, odds are that they will win. Then their options are open: they can place a lien against your personal property, they can freeze your bank account, etc. Even if they're unable to collect from you, the judgment will still go onto your credit report. They can also collect from you a few years down the road if you become employed elsewhere.

devilychurchy · May 12, 2009, 06:33 PM

I have no money in the bank and as far as personal property I have a 2001 car worth about $1500.00

this8384 · May 13, 2009, 06:28 AM

Originally Posted by devilychurchy

I have no money in the bank and as far as personal property I have a 2001 car worth about $1500.00

Right, but it still shows up on your credit report. And if you have money in the future, they can take it.