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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?




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.

Sub: #1 posted on Fri, 08/22/2008 - 11:41

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

Sub: #2 posted on Fri, 08/22/2008 - 11:46

chilipeppershake61 chilipeppershake61

(Posts: 6 | Credits: 1.58)

Question, how far past due were you?

Sub: #3 posted on Fri, 08/22/2008 - 11:47

lmale lmale

(Posts: 741 | Credits: 98.46)

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?

Sub: #4 posted on Fri, 08/22/2008 - 11:48

NASCAR_Devil NASCAR_Devil
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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.

Sub: #5 posted on Fri, 08/22/2008 - 12:08

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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.

Sub: #6 posted on Fri, 08/22/2008 - 12:21

chilipeppershake61 chilipeppershake61

(Posts: 6 | Credits: 1.58)

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?

Sub: #7 posted on Fri, 08/22/2008 - 12:26

NASCAR_Devil NASCAR_Devil
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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?

Sub: #8 posted on Fri, 08/22/2008 - 12:32

chilipeppershake61 chilipeppershake61

(Posts: 6 | Credits: 1.58)

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.

Sub: #9 posted on Fri, 08/22/2008 - 12:34

NASCAR_Devil NASCAR_Devil
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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?

Sub: #10 posted on Fri, 08/22/2008 - 12:40

chilipeppershake61 chilipeppershake61

(Posts: 6 | Credits: 1.58)

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