CAPITAL ONE JUDGEMENT FILED AGAINST ME... I THINK THEY ARE AGAINST THE LAW! PLEASE HELP ME!?

by **blaisdell** » Sun Oct 30, 2011 3:36 am

I AM A DELAWARE RESIDENT. THESE ARE THE LAWS:

Delaware state laws limit the time frame during which they can use the court system to do so. Under Delaware statute Title 10, Sec. 8106, a debt collector must sue a consumer for past-due credit card debt no later than three years after the original date of delinquency.

I WAS 17YEARS OLD WHEN I GOT MY CAPITAL CREDIT CARD IN 2007. IS THAT LEGAL? ME BEING A MINOR?

NOW THEY HAVE A JUDGEMENT AGAINST ME... BUT IT IS OVER 3YEARS SINCE I OPENED THE ACCOUNT. AND YOU SEE THE DELAWARE LAW. ARE THEY ON THE WRONG FOR SUING ME ? ISSUEING ME A CARD AS A MINOR?

WHAT COURT CAN I GO TO TO SOLVE THIS IF SO?

by **werner72** » Sun Oct 30, 2011 3:58 am

I AM A DELAWARE RESIDENT. THESE ARE THE LAWS:

Delaware state laws limit the time frame during which they can use the court system to do so. Under Delaware statute Title 10, Sec. 8106, a debt collector must sue a consumer for past-due credit card debt no later than three years after the original date of delinquency.

I WAS 17YEARS OLD WHEN I GOT MY CAPITAL CREDIT CARD IN 2007. IS THAT LEGAL? ME BEING A MINOR?

NOW THEY HAVE A JUDGEMENT AGAINST ME... BUT IT IS OVER 3YEARS SINCE I OPENED THE ACCOUNT. AND YOU SEE THE DELAWARE LAW. ARE THEY ON THE WRONG FOR SUING ME ? ISSUEING ME A CARD AS A MINOR?

WHAT COURT CAN I GO TO TO SOLVE THIS IF SO?

They are correct in their actions, as I read it. The time period is 3 years from when you went behind in payments/became delinquent, not from when you got the card itself.

And if you got the card, you gave consent to follow the terms of the contract. You may have gotten a co-signer in your parents or something, but you still signed and gave consent.

As far as getting a lawyer, unfortunately I cannot help you. I am from the Midwest, and do not know where to get a lawyer in Delaware.

by **talbot** » Sun Oct 30, 2011 4:00 am

I am also about to be sued by capital one and am also a Delaware resident, I was given an outrageous limit when I only had held a job for 2wks and I didn't lie on application, I got carried away, they are suing me for 1200 or i can pay them 900 or 50 a month even though i am unemployed....i would hire a lawyer and thank you for sharing this law

by **stephon14** » Sun Oct 30, 2011 4:17 am

If they have a judgement they have already gone to court and won. Now they are trying to collect. It is too late for you to do anything except pay.

by **ruelle** » Sun Oct 30, 2011 4:27 am

The three years starts when you made your last payment,not when you got your card.
If you used the card after you turned 18,the contract is valid.

by **cuartio52** » Sun Oct 30, 2011 4:36 am

"I WAS 17YEARS OLD WHEN I GOT MY CAPITAL CREDIT CARD IN 2007. IS THAT LEGAL? ME BEING A MINOR?"

Perfectly legal. However, until you turned 18 you could have voided the contract and they'd have been out of luck. By continuing to use the card after you turned 18, though, you affirmed the contract as an adult, making it valid and enforceable.

"BUT IT IS OVER 3 YEARS SINCE I OPENED THE ACCOUNT."

The three year limit is not from when you opened the account. You quoted the law yourself. The time limit is three years from the date of delinquency. In general, date of delinquency for a revolving credit account, such as a credit card, is the date of last activity. This means the last time you used the card, or made a payment, or made a promise - written or verbal - that you'd make a payment.

There's a reason that 'most' credit card contracts, even for residents of other States, say that they are entered into subject to the laws of Delaware - Delaware law is very friendly to creditors. It is easy to sue you there, easy to get a judgment, and easy to collect.

Richard

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