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Capital One Collector is Threatening to Sue Me. – Becky

“Dear Steve,

I have a credit card debt with capital one.

I havent heard from them in over 8 yrs…a Collection agency called today and asked Me questions…if i worked last yr…am i Getting a refund. Etc. He said he is going For a judgement against me.

Can the garnish my wages? Can they take Money from cking acct? I live in texas and Just started a new job making 8 hr. I dont Have any money. Car is broken down.

What can i do? I am 54 and dont have anything. No home. Nothing! Thank u for your time

Can a ccollection agency take money from From wages and cking acct in texas? I am 54
Have no home. A broken down car. I have Nothing. What can they do to me?

Becky”

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The Answer

Capital One Collector is Threatening to Sue Me.   Becky

Dear Becky,

It is my understanding that Texas is one of the states where you can’t get your wages garnished from a judgment. But for specific legal advice you should consult with a lawyer that is licensed in Texas.

The statute of limitations in Texas is 4 years as long as you have not made a payment, payment promise, or acknowledge the debt as valid.

Consumers should be aware of a practice called re-aging of old debts. The clock on the statute of limitations may start anew if a consumer makes a payment — even a small amount — on a debt that has exceeded or is approaching the end of the statute of limitations. Acknowledging an old debt may also extend the time limit on potential debt collection lawsuits. Consumer advocates now advise debtors not to acknowledge old debts or debts they don’t recognize as their own to avoid inadvertently resetting the clock on the statute of limitations.

Any new activity on it could re-age it and make it more collectable.
says Lauren Saunders National Consumer Law Center

“Any new activity on it could re-age it and make it more collectable,” says Lauren Saunders, managing attorney for the National Consumer Law Center, a consumer rights group. “You’re better off ignoring a call about an ancient debt. It’s best to send them a letter saying I don’t recognize this or please verify it.” – Source

If you suspect the collector is not collecting on a valid debt you can ask them to prove it. See Debt Validation Finally Defined. What You Should Ask a Collector or Creditor for to Validate a Debt.

Please post your responses and follow-up messages to me on this in the comments section below.

Big Hug!

Capital One Collector is Threatening to Sue Me.   Becky
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About Steve Rhode

Steve Rhode
Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.
  • Wayne

    Hopefully this will be seen by Becky. I live in Texas and have had my share of financial difficulties in the past. Steve is correct the statute of limitations is 4 years in Texas. They can not garnish your wages unless it is a student loan or IRS issue. They can go after your bank account but I understand that is not done very often and the bank is supposed to notify you before it happens (at least that is what my bank told me). Now, this is just a suggestion; follow Steve’s advise on reading the articles he mentioned. There are lawyers in Texas (Houston area anyway) who specialize in going after collectors who are not operating properly. I went to one and found out a credit collector who was harassing me was not following the law. I sent the letter of dispute to them (they didn’t respond in 30 days…or at all as of today). When they called again I told them I was going to recored the call (and I was. The attorney I spoke with explained Texas law to me and advised me to record the call(s) so I purchased a digital recorder and put my phone on speaker when I got the next call). I guess I messed up because I needed to get enough calls recorded to take to court but I told the collector I was going to record. They hung up and I haven’t heard back from them! By the way, there was no charge from the attorney because as I said,, they get money from the law suits they file on your behalf. Follow the advise you get from Steve, don’t be afraid of them and learn what YOUR rights are. Who knows, I may get sued next week but so far there has been no follow up and it has been quite a while.

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