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bojangles · Feb 22, 2010, 10:05 PM

I live in Mississippi and have been contacted by a collection agency about a capital one credit card I supposed to have in 2004 and paid on till 2006. My x-wife paid all the bills and if she applied for this card I did not know about it. I was contacted today about the bill which they say is $2900.00 and that I have been served twice and failed to appear. I have not been served, but what I need to know, I am now divorced and on disability. Can they take any of my household goods or my vehicle for this debt. I have a clear title to my vehicle and own all my household furnishings. This is what they are threatening to do.

this8384 · Feb 23, 2010, 11:26 AM

Originally Posted by bojangles

I live in Mississippi and have been contacted by a collection agency about a capital one credit card I supposed to have in 2004 and paid on till 2006. My x-wife paid all the bills and if she applied for this card I did not know about it. I was contacted today about the bill which they say is $2900.00 and that I have been served twice and failed to appear. I have not been served, but what I need to know, I am now divorced and on disability. Can they take any of my household goods or my vehicle for this debt. I have a clear title to my vehicle and own all my household furnishings. this is what they are threatening to do.

Whose name(s) are listed on the account? Mississippi has a statute of limitations of 3 years:
Mississippi Statutes of Limitations
So if you're correct that this account was last used/paid on in 2006, they cannot legally sue you. If you have been served twice and failed to appear, a default judgment should have been placed against you.

The next time they contact you, tell them that you want them to mail you proof of debt. Have you verbally admitted to anything?

bojangles · Feb 23, 2010, 02:00 PM

I have a collection agency pursuing me about a credit card bill from 2006. They say they have served me twice and I have two failure to appear but I have never been served. Don't they have to put the paper in your hand or can they just leave it on your door. I have moved several times and know I haven't seen any paper work about this or I would have gone to court. I am planning on ignoring all this because I know how collection agencies are.

smoothy · Feb 23, 2010, 02:09 PM

Ummm so they know where you are? Or not. Since you know about this they clearly do or you aren't being completely faithful.

And yes... in many localities if they tape it to your door you are legally considered served. They don't always have to hand it to you in person.

AK lawyer · Feb 23, 2010, 02:14 PM

Check the court's file to see what they are saying to the court about whether they served you or not. Collection agencies are notorious for lying to defendants over the phone, so don't rely on anything the CA tells you. For example they may possibly be prevaricating when they tell you they have served you.

JudyKayTee · Feb 24, 2010, 12:14 PM

What State? Service rules vary.

JudyKayTee · Feb 24, 2010, 12:15 PM

I believe both threads should be combined - same basic issues.