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Capital One

Date: Tue, 09/14/2010 - 20:34

Submitted by anonymous
on Tue, 09/14/2010 - 20:34

Posts: 202330 Credits: [Donate]

Total Replies: 3


I just received a bill from Capital One for a debt that was charged off in 2001. After calling today they told me they have the right to reactive this debt and they are adding interest onto the debt that was charged off back in 2001. Is this legal??


If you have no made payments on the debt since 2001, it is highly unlikely that it is legal for them to do this. In my state (FL), the SOL is 7 years from the last date you made a payment. If it is beyond the SOL, they cannot take legal action (garnishment, default judgement, etc) against you.
You need to send them a debt validation letter to start with.


lrhall41

Submitted by on Wed, 09/15/2010 - 02:18

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Quote:

Originally Posted by Anonymous
If you have no made payments on the debt since 2001, it is highly unlikely that it is legal for them to do this. In my state (FL), the SOL is 7 years from the last date you made a payment. If it is beyond the SOL, they cannot take legal action (garnishment, default judgement, etc) against you.
You need to send them a debt validation letter to start with.


SOL is Florida is 4 years for a credit card. Reporting statutue is years.

http://www.debtconsolidationcare.com/statute-of-limitation.html


lrhall41

Submitted by SOAPLADY on Wed, 09/15/2010 - 03:29

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