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Posted: Fri Aug 22, 2008 11:29 am Subject: Capital One Bank

Husband was served a summons by Capital One Bank on from a lawyer out of San Diego. Any advice? If we settle before 30 days will they really file a dismissal with the courts?

Posted: Fri Aug 22, 2008 11:41 am Subject:

Anything is possible. Know that Cap1 keeps excellent records and will be able to produce every piece of paper you ever signed if it comes down to it.

Posted: Fri Aug 22, 2008 11:46 am Subject: Thanks

Since he incurred this debt before we were married they can only go after him right?

Posted: Fri Aug 22, 2008 11:47 am Subject:

Question, how far past due were you?

Posted: Fri Aug 22, 2008 11:48 am Subject:

Debts incurred before marraige should not effect the spouse, but if they are awarded a judgement, they may be able to go after your bank account. What state do you live in? When was the last payment to Cap1?

rsr · Posted: Fri Aug 22, 2008 12:08 pm Subject: Cap 1

Would have to agree with nascardevil, Cap 1 came after me and they had every piece of paper I signed. They did settle after my lawyer threatened to go Chapter 7.

Posted: Fri Aug 22, 2008 12:21 pm Subject: capital one bank

I live in California and I don't know that he ever made a payment? They are offering a settlement and I'm hoping they follow through and dismiss the case with the courts. My husband is not listed on my bank account.

Posted: Fri Aug 22, 2008 12:26 pm Subject:

Pull his credit reports www.annualcreditreport.com and see how this is reporting. SOL in CA is 4 years from date of last payment. Is it Cap1 that is contacting you or a 3rd party debt collector?

Posted: Fri Aug 22, 2008 12:32 pm Subject: capital one bank

It's a lawyer with a credit bureau in San Diego. I looked him up with the California Bar and he is indeed a lawyer. This lawyer is named on the summons. Thanks I will look him up on annual credit report.com and I think it was an credit card offer he got over the phone. He says he never really signed anything?

Posted: Fri Aug 22, 2008 12:34 pm Subject:

That's not going to fly as a defense. If he used the card, that is acceptance of the terms. Check and see how Cap1 is reporting. If they show a $0 balance and "sold/Transferred", then you are dealing with a junk debt buyer.

Posted: Fri Aug 22, 2008 12:40 pm Subject: capital one bank

Oh he knows he has to pay, I just hope once he sets up an agreement that they dismiss the case and not go through the courts. And I want to make sure they don't go after my bank account especially because it's not my debt. So as long as he's never been named on my bank account am I OK?

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