Going to Court over credit card debt. Please help!?
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When I was 19 (July-2006) I lived with my dad and I opened up a credit card with Capital One. Since I had no credit they only allowed me a small credit line (300$). To build my credit my dad would have me use the card to the limit and then he would pay it off each month to ensure I had good credit established. Well in Jan 07 I moved out of state. My father kept my credit card and said he would continue using it and paying it off every so often to continue to build my credit. By the end of 2008 he told me he had cut the card up that after 2 years of using the credit limit and then paying it off I should have some decent credit. However I never opened up another credit card because my husband told me that all credit cards are bad news and get people into debt. If you don't have cash, you don't need one so I never opened up another account. In Feb 2009 my father passed away suddenly. Today 06/23/11 A police officer shows up at my house with a civil warrant from Capital One saying that I owe them a debt. After calling capital one and being transfered to like 3 different people, I was finally transfered to the attorney for the plaintiff (capital one). They said the last payment was made in Feb 09 (which seemed weird because my dad said he was done paying in 08 but okay) anyway since feb 09 my account has aquired 1200$ in debt and that my total owed right now was 1500$, but that they would settle for an out of court settlement of 1200$. I am shocked! I for one have NEVER received any papers from Capital One. Never any bills I was unaware of this debt as I thought it was paid off years ago. They have been sending the bills to my deceased fathers address but his address is in FL and I am in TN. If I would have known I still had money owed on my card I would have paid the 300$ back in 2009 rather than having to pay 1200$ JUST for the interest aquired.. They said if I didn't want to settle then they would see me in court on August 10th. What happens then though? I've never been introuble for anything I have no idea how court works. Are they going to arrest me? Am I going to have to pay the full 1500$ even though the card hasn't been used in years and I was unaware that I even had a debt. Which I can prove because the bills were obbviously being sent somewhere other than my address because I've never received anything! I just am so confused and don't know anything about civil courts. They can't garnish anything from me, because I do not have a job (Im a SAHM) but i'm assuming they can garnish my husbands but that is taking away from my children! I have 3 in diapers. A 2 year old and 5 month old twins. That is a lot of money to shell out for something I didn't even know I had existed. does anyone even "win" in these court cases? Or should I go with checkbook in hand becuase I'm screwed?
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Answer:
This is a civil case, not criminal. You won't go to jail. They also cannot garnish your husband wages for your debt. Basically, you are screwed. Thank your father for that. He managed to con you into allowing him to use your credit. If the debt notices were being sent to your father's address, why didn't the executor of his estate address this debt -- at least forward the notices, which should have been in your name. At this point, you need to respond to the summons. Deny the debt. Indicate that your father used the account and paid it off in 2008. Ask for details of the charges. You might get lucky and be able to negotiate a settlement with the attorney. You may be able to settle for $600 or $700 in a lump sum BEFORE the court date. Forget about a payment plan. If you go to court, you will probably lose and end up with a judgment on your credit history. The judgment can be used to attach any bank account with your name on it, even if none of the funds are yours. They can also lien personal property.
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Other answers
With Capital One, you are going to be screwed. They are going to win, and in some ways, this is partly your fault. I know you trusted your father, as most daughters would, but, when you handed over the card and didn't think anything of him using it and saying he was paying it off and building your credit, he was obviously fibbing. When you first got this card, you WERE living at the address they probably were sending all the collection attempts to, so that doesn't fly as an excuse. That is the address they had on hand. It is your responsibility to keep an eye on your credit card (didn't you have online banking with Capital One to pay the payment.. I know your dad made the payment, but you should have made sure you had access so you could see what was going on) Since the card is in your name, they have every right to come after you even though you didn't charge these items or let it get so far behind. I hope you aren't being as blind financially with the hubby now too. You should have access to all your joint bank accounts (hopefully, they are joint) and know what he makes and where the money goes. Especially with 3 kids. The best thing you can do is show up to court in Aug if you don't have a lump sum to offer them right now. Tell the judge your side, and even though it was your father who charged the items, you are on the hook. They obviously cannot garnish your husbands wages since it isn't his debt, but they can and will try to get to your bank accounts. This means you might need to be taken off of them for awhile until you guys have the money to pay this judgment. The chances that they would swoop in and take money that is earmarked for rent or other things is pretty high. The bottom line is, you dropped the ball here and now it's going to be a valuable lesson. I would get a credit report and see what is on there.. who knows if your father opened other credit cards in your name and charged those up? Your credit report is free annually at: http://www.annualcreditreport.com
They are not going to arrest you. You are going to have to pay the full $1500 unless there is some other reason why not. It does not matter that you were unaware or that the bills were not being sent to you. By opening up a credit card account jointly with someone, you agree to pay for what the other person does with the account, whether or not you know about it, and that the credit card company only has to send the bills, etc., to one address, even though there are two account holders. Does anyone even "win"? Yes. But not for the reasons that you gave.
Quick note: My credit card company increases my credit limit sometimes as often as every 6 months. It's what credit cards do. Also, you never charge up the full amount of a credit card. That 100% destroys credit. You never want to use more than 30% of the limit. Ex: $300, he should have never touch more than $90. Surprising how little people know about credit. At least he was paying it in ful leach month so he didn't pay interest. Obviously your dad lied. He kept using the card. You are 100% responsible for the debt. Just take it out of any assets he left on his will or life insurance. They won't go after your husbands wages. But they will tap into any savings or checking accounts. About the twins- they get fun when they are about 4 years old
It's obvious to me that your dad was irresponsible. The reason you were never notified was that you did not notify Capital One of your new address. You didn't think you needed to because your dad needed to receive the bills to pay them (which as you now know he never did). Capital One is not obligated to track you down. All they are required to do is to send notices to the last known billing address. That's all they have to go on. I would request an audit of your account up to your dad's death to find out what the $300 balance consisted of (annual fee? interest on a non-existent balance? unpaid balance?). The extra fees are to cover expenses relating to locating you and serving papers, etc. I think $1200 is a cheap settlement. You won't be arrested. You'll probably be offered a payment plan ($300 / mo). They can't garnish your husband's wages, but they can attach any bank account with your name attached to it (like a joint checking or savings account).
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