Capital One Financial Corporation Credit card debt complaint on 02/18/2019


I was sued and a judgement for a 17 year old credit card debt was entered against and they sent the summons to an address that I haven't ever lived at. It was my sister 's old address and a summons was never served there for either of those court dates. My sister said that someone came there in early XX/XX/XXXX and asked if I lived there and she told them that I do not live there and they left. This company was able to locate my current work address for a garnishment order so they should have been able to locate my current address because it's on my credit report and they purposely stated that they sent a summons to the wrong address and I haven't seen proof that someone even signed for that summons. I don't remember this debt and don't feel that I have been able to fairly answer to this. Also if it's 17 years old can I be sued over this? I called the court and they said a judgement was entered against me in XX/XX/XXXX for XXXX and renewed on XX/XX/XXXX and was for XXXX plus XXXX in interest totalling XXXX but I have no knowledge of either of these judgments and the reason I am finding out about this is because a garnishment order was sent to my employer and they informed me. Is there anything I can do to stop this or get this resolved without being garnished. Were my legal rights violated? Wouldn't XX/XX/XXXX even be past the statute of limitations if this debt is 17 years old? I only have 14 days to figure this out according to the court papers. Did this company break a law by not serving me correctly? I called the attorney on this and she said that nothing can be done and they do whatever they need to do to collect this debt. I don't even know if this debt is truly mine. I would like to know my legal rights regarding this. I just found out recently that an ex wife that I've been divorced from for several years still has a credit card with my name on it and I shouldn't be responsible if I didn't create the debt but with such limited information I can't defend myself on this. The only information I have is that the debt is 17 years old and that this company went to court without properly notifying me twice and a judgement against me was made and now I'm being garnished.

Received: 02/18/2019

Debt collection: Credit card debt

Took or threatened negative or legal action: Sued you without properly notifying you of lawsuit

Capital One Financial Corporation Response

This issue was responded to within 15 days by Capital One Financial Corporation

Debt Pro Tips

What's in my credit report?

Credit reports contain identifying information, trade lines, credit inquiries and public record and collections information. Your credit report will often have discrepancies between Equifax, Experian and Transunion, and you have the right to correct any innacurate or incomplete information.

A debt collector threatened garnishment. Now what?

Garnishment is a step of debt collections normally limited to after the creditor has obtained a judgment against you. If that has not happened, and a collector threatened garnishment, you may have had your FDCPA rights violated. You can often get a free consult with a FDCPA consumer attorney in your area, as they usually collect on a contingency from the offender(debt collector). Wage garnishment laws vary by state. Bankruptcy may be able to eliminate the garnishment. Speak with a debt defense or bankruptcy attorney in year area.

Each State has a SOL(Statute of Limitations) for Debt

Every state has it's own rules as to how long a debt collector can sue you for a debt, based on the type of debt. A debt collector can still contact you after the SOL has expired. Be careful what you say to any collector calling on an old debt. If you acknowledge the debt or make a payment, you may be re-activating the statute of limitations.

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