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When i was in NY a received a credit card from capital one, when i left ny (in 2003) i filed a bankruptcy and thought i placed that card on the bankruptcy, but when i looked at my schedule F it was not on it, but on all three of my credit reports, it states that card was under my chapter 7. now i am being garnished by capital one for a debt that was closed in 2003. is this legal? can i fight to get my money back? at about SOL? do i use SOL in NY or NV, HELP- 25% of my income is being taken a month
If it was included in you bankruptcy then it is against the law for them to try to collect from you. I would contact the court and make sure you have all of your schedule F papers because if the credit agencies are reporting it. They got it from somewhere. If you find that it was included you can send them copies of the legal paper where they were included and request your money back. I believe I would contact an attorney also to see what else can be done. If it wasn't included check the SOL in your state to see if it has past. If so they still can not collect from you. So then you would have to send them a letter letting them know it has and request you money back. If it hasn't then you have to pay.