WhatNext Posted April 22, 2007 Report Share Posted April 22, 2007 Hi all,So, the day has finally come. I got served this afternoon with court papers saying that Capital One Bank is suing me. The debt is about 3 and a half years old, juuuust before the SOL in California. My question, though, is that my credit reports show that the debt was charged off by Capital One. Can they still sue me if they charged off the debt?Thanks in advance! Link to comment Share on other sites More sharing options...
chelseagirl Posted April 22, 2007 Report Share Posted April 22, 2007 YES, they can. I was sued by Cap One March 3. They charged off the account 2003. They have a lawyer suing me. I filed my answers and defenses and now I am just waiting!!!!!! Link to comment Share on other sites More sharing options...
tdhssbn Posted April 22, 2007 Report Share Posted April 22, 2007 I am waiting for CAP 1 to sue me as well. I requested an investigation first though, so I hope that saves me in that they won't have records going back 5 years Link to comment Share on other sites More sharing options...
direred Posted April 23, 2007 Report Share Posted April 23, 2007 They will have records going back that far.They are required by law to charge off the account, but that's an accounting thing (where on the balance sheet your $ owing goes). It does not absolve one of paying for it. Link to comment Share on other sites More sharing options...
tdhssbn Posted April 23, 2007 Report Share Posted April 23, 2007 well most everyone on here agrees that they only keep a year to two years of records. That is why you can get so many deletions on old OC's. Now if Capital One is the exception, then I guess they will sue me. Link to comment Share on other sites More sharing options...
chelseagirl Posted April 23, 2007 Report Share Posted April 23, 2007 Capital One keeps excellent records for years. (They are the exception) Link to comment Share on other sites More sharing options...
john_doe_wny Posted April 23, 2007 Report Share Posted April 23, 2007 Yes Capital one will sue. I was sued by them a year and a half ago for $2000. Well within SOL. Link to comment Share on other sites More sharing options...
Kanman Posted April 23, 2007 Report Share Posted April 23, 2007 Yes Capital one will sue. I was sued by them a year and a half ago for $2000. Well within SOL.Did they win? Just curious... Link to comment Share on other sites More sharing options...
direred Posted April 23, 2007 Report Share Posted April 23, 2007 well most everyone on here agrees that they only keep a year to two years of records.Says who?They, like most banks, have older records in deep storage, but that doesn't mean they don't have them. Link to comment Share on other sites More sharing options...
astiman Posted April 23, 2007 Report Share Posted April 23, 2007 Cap 1 sues. they have good records.They also settle, sometimes for as little as 50%.hint, hint Link to comment Share on other sites More sharing options...
john_doe_wny Posted April 23, 2007 Report Share Posted April 23, 2007 Did they win? Just curious...Yes they did Kanman. It was before I knew of this site. I didn't show up to court. My only judgement. Now I know what to do if sued. Link to comment Share on other sites More sharing options...
Kanman Posted April 26, 2007 Report Share Posted April 26, 2007 Yes they did Kanman. It was before I knew of this site. I didn't show up to court. My only judgement. Now I know what to do if sued.Sorry to hear that. At least you are in the know now. Link to comment Share on other sites More sharing options...
ICDeadPeople Posted April 27, 2007 Report Share Posted April 27, 2007 Cap 1 is suing me too. My court date is June 12th. I'm going to ask that the case be dismissed since I DV'd them in Feb and haven't heard anything. Link to comment Share on other sites More sharing options...
someonesomewhere Posted April 27, 2007 Report Share Posted April 27, 2007 I daresay almost any OC or CA is willing to settle rather than go to court. Court is always a crapshoot. Ain't no sure things in life 'cept death and taxes, only death don't get worse with each session of Congress. Link to comment Share on other sites More sharing options...
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