CAPITAL ONE CREDIT CARDS 2003

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ROBBOSTON
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Subject: CAPITAL ONE CREDIT CARDS 2003

Mon Mar 08, 2010 12:45 pm

Have not made payments since 2003 for Capital One credit cards and there are judgments from the harassing firm of Daniels Law of Quincy, MA yet they sent out more summons?? Standard of limitations is 6 years? and no activity on the account for payments or charges since 2003. Please advise.

Thanks Rob
Massachusetts

Aaron

Joined: 08 Feb 2010
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Posts: 2675

48566 Magic Points

Subject: capital one credit card

Tue Mar 09, 2010 5:46 am

Hi Rob,

Statute of Limitations (SOL) for Massachusetts is 6 years. The SOL on your debt has expired. However, can you tell me when the judgment was filed? Was it filed before the expiry of SOL or after the expiry?

However, even if the SOL has expired, that does not mean that the collection process may stop. The collection agency (CA) may not be able to win the judgment against you, if it was filed after expiry of SOL, but the harassing collections can continue. So, it's better to pay off the debt.

If it's not possible for you to pay the full amount, you can try to settle the debt amount with the CA. Debt settlement lowers the amount by 40-60%.

Hope this helps.

Regards,

Aaron
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cinnamngrl

Joined: 01 Nov 2008
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Posts: 1455

6339 Magic Points

Wed Mar 10, 2010 1:03 pm

Where and when was the judgment filed? If it was entered before 2009 then you may have trouble.
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