Legal Question in Credit and Debt Law in New Jersey
A question of Debt
Hello,
I have a question regarding credit card debt and the statute of limitations on when a creditor can collect on that debt. I had a Capital One Visa Card back in 2001 when I lived in California and was making payments on my debt on time untill I lost my job and was unable to make them. I contacted their customer service line in an attempt to make payment arrangements until i was employed again and was told to borrow the amount needed from someone else in order to pay my bill. Fast forward six years to 2007 and without previous notice or threats I receive a letter in the mail from a law office informing me that I 'm being sued for the interest and over draft fees on the old bill. Is this even legal? The original bill was only $1000 before they added 6 years of interest and fees onto it. Can they just sue me out of the blue even though i live in another state and it has been 6 years since i had any correspondence from Capital One or a creditor? My brother is in a similar situation and they are trying to garnish his wages as well even though neither of us has the money to repay the full amount. We were willing to make payment arrangements and told them this but they were unresponsive. So what can I do except move to Canada?
1 Answer from Attorneys
Re: A question of Debt
Pretty much the only thing that makes sense is to take all of the documents to a lawyer, immediately, and get some advice.
Over the last 6 months, I don't know why so many such clients have come to me, but I have defended six clients who were sued for credit card debt. No guarantees for you, but I would try hard to stop any judgment from being entered, and try to get this under control for you.
You need some legal advice. Go talk to a lawyer!