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Capital One is Only Suing Me On One of My Cards. – Angela

“Dear Steve,

I live in Illinois and have been summons to court for debt to capital one.My question is why is capital one suing me only for one card I have defaulted on when there are two? I’m being sued for 1800 on a card that had a 500 limit I stopped paying june of 2009 and I also have another card 500 limit I stopped paying on in august 2009 one is visa the other mastercard. Will they just sue me again?

Should I contact the attorneys office who is taking me to court? I offered capital one 1100.00 and they refused they wanted payment arrangements to be made on the remainder. I could not bind myself to another agreement this time that I knew I couldnt afford. So they said theyll sue and they have but why one card at a time? More money for them I guess.

These are the only two credit cards left to be paid I was in debt to several companies all who settled over the phone for a fraction of what they were asking problem is I have no funds for payment to capital one I am unemployed I have lived with my significate other who is the father of our 3 school age children for 16 years but we are not married he owns a home but my name is not on it same as the vehicles they are all his. I tried to work with these people but they wanted it all or nothing and theyll sue me and now they have.

Our household has an income but barely enough to hang on to our home.I’m trying to find employment but ive been stay at home mom for years any experience I have is a decade old. Our household suffered from reduced hours and wages due to the economy thankfully hours are again pretty steady and hourly wage has increased but not sure after being sued is there even a chance for payments? Or pay it or go to jail?

READ  I've Struggled to Pay On Two of My Cards But Capital One Just Sued Me. - Stacia

Never been in this situation before.


Dear Angela,

I’m not surprised they are only suing you on one card at a time. It’s also not clear if the card you are currently being sued on was sold to an outside debt buyer or not. Based on the age of the debt I would bet it was sold by Capital One and now the new owner is going to aggressively pursue the debt with a lawsuit. It is a more common practice these days.

If the debt was sold then the person that owns this one account may not own the other account. That would explain the suit for one debt at a time.

It seems you have a couple of options. You can attempt to negotiate with the holder of your debt again to offer a lump-sum settlement. Offering $1,100 on a $500 limit card seems like a reasonable but nobody said creditors were reasonable.

How much do you owe on the other card?

Please update me on your progress by posting updates here in the comments section of your question. I’m very interested in how this works out for you.


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About the author

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.

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