| robert |
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| Subject: | Capitol One Credit Card debt from 2002 |
| Question: | QUESTION: I have just received a letter from my bank here in NY that my checking account funds are being withheld, and a copy of the Restraining Notice and Judgment for a Capitol One CC debt from 2002 when I lived in Florida. The account is a direct deposit $459.00 pension account only.
I immediately called the banks legal department and then the collection company and spoke to the attorney there who is handling my case. I explained to him that I paid on that CC only the charges that were mine and not the charges that were scammed by someone other than myself or anyone I know, and the charges were dismissed against me. However, he claims that I now owe for those charges, plus all the late fees since 2002. The amount of the charges were less than $1000 and the total debt is now over $6000. I shredded all my paperwork from Florida when I left there and do not have any proof of the CC statements. Big Mistake!
I relocated back to New York State in 2002. I am 65; retired in 2000; divorced in 1991 and pay QDRO from my pension to my ex that leaves me with a $459/month pension; have no real property; a 1996 Blazer with 135,000 miles in fair to poor condition; rent apartment with a 72 yo female companion where we share the expenses.
Any advice you can give me would be appreciated. Thank you. If she's still in Florida, I think the Statute of Limitations has run out for anyone to do anything to her. I think Florida's SOL is 4 or 5 years. If I were her, my "immediate" next step would be to file a suit against this collection agency in Federal Court. We all probably wish we were in this lady's shoes :-)....
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