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INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 53895
Experience:  Licensed attorney helping individuals and businesses
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I apparently applied for a Capital One Credit Card in

Customer Question

I apparently applied for a Capital One Credit Card in 2001, the account was closed in 2004, the debt remained. In August of 2011 i started receiving bill's in the mail, now they are going to take $100 a month out of my checking account for the next 6 month's then i have to call and set it up for another 6 month's untill the debt is paid, it's over $3,000 now with all the late and over limit fee's. I collect dis-ability, they wanted all the monies now, ha where am i suppose to get that, they even told me to borrow it from a friend or relative, i cannot do that. Why did they wait all this time to start sending me bill's? I live in low income housing, this monies they will be taking will limit my food supply incredibly because i pay my bill's before i eat. How fair is this and why did they wait till 2011 to notify me about this? Thank -you so much for your advice and Happy New Year to you. Jan xxxx @[email protected]
Submitted: 4 years ago.
Category: Legal
Expert:  INFOLAWYER replied 4 years ago.

INFOLAWYER :

Good late evening

INFOLAWYER :

You have a good point here. You also have defenses to the claim

INFOLAWYER :

the claim would be time barred by the statute of limitations

INFOLAWYER :

if they have a judgment by default, you may have it vacated by motion to the court

INFOLAWYER :

and then you may raise defenses including statute of limitations

INFOLAWYER :

Likely they also dont have proof of debt including paperwork showing the balance due.

INFOLAWYER :

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INFOLAWYER :

Happy New Years!!

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