Sued by Capital One in Texas

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Old Jul 5th, 2008, 05:04 PM   #1
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Angry Sued by Capital One in Texas

How can a credit card company like Capital One charge off bad debt and then wait years later and turn around and sue me for it? I have never heard of a credit card company suing for credit card debt before, especially in Texas. Is this something new that they are starting? Is it something to really worry about? I couldn't afford to pay the debt obviously and if I could now I would have but I can't. I can barely afford the gas for my car or my mortgage payment, etc. With all of this uncertainty in our world today creditors like Capital One feel it necessary now to add this extra stress and pressure by suing America for money we obviously don't have. With actions like these it's no wonder we will more than likely be in a depression soon.
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Old Jul 7th, 2008, 06:30 PM   #2
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Default re: Sued by Capital One in Texas

When you spend money on a credit card, you are agreeing to pay back the amount they "loan" you plus interest. When you don't pay it, it goes into collections. If you didn't have the money to pay it back, you should not have used the card. Many debt collection agencies will sue for the balance of the card plus interest for the years it has sat unpaid. This is very common practice. I don't know the laws of Texas, but once a judgement for the amount is granted from the court, they can place a lien on your property, repossess your car, or garnish your wages. Credit cards are not free money that you can just ignore. Either you file bankruptcy or pay it back. With people thinking they can spend money and not be obligated to pay it back, it's no wonder there is so much crime and irresponsibility in America.
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Old Jul 8th, 2008, 02:45 AM   #3
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I do not know what angers me the most. People like unregistered giving out false information with an nose in the air attitude, or our greedy officials.
First off, i agree, how can a credit card company collect from there insurance on a debt and then turn around and sue for the same debt, no matter what state. Second, they can not, I repeat, CAN NOT TAKE YOUR PROPERTY. Your house is safe and your car, for now at least, until corporate america buys another law. Third, people like unregistered need to go back to there fantasy land and wait for corporate america to get around to screwing them, then I bet your opinions will change. I am in debt because of a well planned out series of events that some can say is a conspiriacy theory. The time a few years back when all was well and the working man was getting ahead, saving, and able to pay there bills. Then out of the blue, MASSIVE LAYOFFS. No warning, no nothing. Savings drained to pay bills, retirement funds drained to pay bills, all that was out there was min wage low paying jobs. Corporate america screaming they are broke as they hand there CEO's million dollar bonuses. So unregistered keep your ignorence to yourself, first find out why a person is in debt before you past judgement. As for me, I am praying the whole system collapse. Since we the common do not have the guts to ban together to put corruption in it's place, we deserve to be treated this way.
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Old Jul 8th, 2008, 03:55 PM   #4
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First off, I said they can put a LIEN on your property. Which means that when you go to sell your house, until you pay off the judgement, you can not sell your house. At no point did I say they evict you and sell your house. Second, they can and will repo your car if it is paid for. I have had debt. I have had my wages garnished. I have been there done that. But in the end, I accepted that I had spent the money and owed it to the credit card companies. I can't believe the entitlement attitude of some people. They have insurance? I have never heard that, but the bottom line is, YOU spent THEIR money, YOU need to take responsibility and pay it back. As for why it's not being paid, there are many reasons. If you were on track and life fell apart, that is what bankruptcy is for. A fresh start. The court agrees that you do not have the financial means to pay back your debt and gives you a pass. Until you do that, you OWE the money. If these companies just stuck their tails between their legs and ignored everyone who owed them money, they would be out billions of dollars. Why should they have to fund every person who decides to quit paying? If you have a job, you can pay $20 a month. Most collection agencies will stop interest and give you a minimal repayment plan. If you spend someone elses money, it is your obligation to pay it back. And before you spout off without knowing anything, here are a few links

seizing a vehicle in florida
www.sunbiz.org - How To Collect a Judgment In Florida

seizing a vehicle in michigan
Self Help: Seizing Property

maryland
District Court of Maryland

those were just the first 3 I found on google. They CAN AND WILL take your property. They can also freeze your bank account and empty it to pay a debt owed. They can lien your property. I work in the collection industry. Trust me, I have done all of these things. And as I said, I HAVE been on the other side of the fence and made arrangements to pay back WHAT I OWED. If someone is in bad shape, bankruptcy is the answer. A lot of people don't want to file because they have too much to file, but if you have a lot to lose, you should pay back the people you owe, plain and simple. Just wanted to correct you, since you obviously don't know much about collections. It varies from state to state, but I wouldn't want anyone to read your post and think their car, home, bank account, or wages are safe. Find out what the laws of your state are before you blow off a judgement. Also, a lot of times if you actually show up to court (which 97% of people do NOT show up and the judgement is automatically granted to the creditor), the judge will dismiss the claim or lessen it. People hide because they know they owe money. The government did not make you spend that money. Take a little responsibility for your own actions.
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Old Jul 9th, 2008, 09:07 AM   #5
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Default re: Sued by Capital One in Texas

Texas is pretty generous to the debtor.

No wage garnishment--and a fair amount exempt property that cannot be collected against. And the homestead is fairly protected as well.

You almost cannot do better than what TX law provides, as a debtor.
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Old Jul 11th, 2008, 04:46 PM   #6
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Unregistered is correct. If you are being sued take responsibility and talk to your creditors. Texas can not garnish wages but they can get a judgement, which they really dont have any way to enforce (because they cant garnish) but judgements and the like can and will prevent you from getting jobs and of course other credit. I too have worked in the collections industry and find that many people feel if they dont have the money then they shouldnt have to pay. This is just wrong! If you owe it, pay it. You would want someone to pay you if they owed you money. It is called being responsible. We all know that unexpected expenses, layoffs, illness and other issues may arise that can cause a financial hardship. When this happens dont run from your creditors. You need to talk to them. Before they get a chance to call you for collections, you should be calling them trying to work out a payment plan. When I did collections I worked out many payment plans. I defered payments, refinanced with lower interest, supsended interest, refered people to credit counseling and did many other things to help the customer. The people who allowed me to help them were often very grateful because I could offer them solutions that prevented them from going into bankruptcy. This this of help only happens before you go to collections (agency). So talk to your creditor when you first find out that you have a problem. When you are still their customer the creditor wants to help you. when you get to collections (agency) it is a different story. If you dont show up to court it is an automatic judgement and the only way to resolve that is to pay it. It can stay on your credit for a long time.

Credit cards are not free money. Legitimate creditors do not have default insurance. Mortgage companies have guarantee agencies, but that is a different story.

Hope this helps
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Old Jul 11th, 2008, 08:46 PM   #7
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Default re: Sued by Capital One in Texas

Let's not forget to mention judgements only stay on your credit for ten years, at least in Texas. I LOVE TEXAS, always protects the consumer over the Corporation's that over lend and over charge. They don't loose a penny. They get their money back from their insurance anyway. If you can't pay it don't, you got nothing to loose. They made enough money out of you with all the interest and fees they charged. Why do you think their rich? Don't listen to anyone else or let Anyone judge you, if they care so much about Capitol One or all the other money hungry corportions let them pay it. Worry about yourself and your family first. If you get a bill throw it in the trash or send a "Cease and Deceased all collection Practices" letter send it in writting certified and i promise you-you will not and cannot hear from that company again or they can be fine $10,000 for each offense, it is your right use it. Once they get your letter they'll leave you alone. If those companys were more selective in their lending they wouldn't have problems people paying them back, but their greety and want to over lend so they can stick you with all their fees making them rich while they make you poor. So dont worry. Feed your family first, put gas in your so you can go to work or whereever you need to go and enjoy life. Don't let me get you down. And Especially don't let ANYONE judge you for your situation.
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Old Jul 11th, 2008, 09:07 PM   #8
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Originally Posted by Unregistered View Post
Let's not forget to mention judgements only stay on your credit for ten years, at least in Texas. I LOVE TEXAS, always protects the consumer over the Corporation's that over lend and over charge. They don't loose a penny. They get their money back from their insurance anyway. If you can't pay it don't, you got nothing to loose. They made enough money out of you with all the interest and fees they charged. Why do you think their rich? Don't listen to anyone else or let Anyone judge you, if they care so much about Capitol One or all the other money hungry corportions let them pay it. Worry about yourself and your family first. If you get a bill throw it in the trash or send a "Cease and Desist all collection Practices" letter send it in writting certified and i promise you-you will not and cannot hear from that company again or they can be fine $10,000 for each offense, it is your right use it. Once they get your letter they'll leave you alone. If those companys were more selective in their lending they wouldn't have problems people paying them back, but their greety and want to over lend so they can stick you with all their fees making them rich while they make you poor. So dont worry. Feed your family first, put gas in your car so you can go to work or wherever you need to go and enjoy life. Don't let them get you down. And Especially don't let ANYONE judge you for your situation.
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Old Dec 30th, 2008, 07:25 PM   #9
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Default re: Sued by Capital One in Texas

But when THEY do stupid things Uncle Sam pays their debt.
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Old Jan 2nd, 2009, 08:09 PM   #10
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I see from above that you people like to blame corp America for your irresponsible uneducated acctions. You all knew the APR and guidlines for having credit. You are all adults. You knew what you were spending and you knowingly decided not to pay. We all have had tough times but you low life losers need to pay up and stop blaming the MAN for your OWN shortcomings.
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