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Will Capital One Take My Truck and Tools? – Chuck

Written by Steve Rhode

“Dear Steve,

I am 74 I get SS.

I got behind when the economy fell in 07-09, lost my job

I have a private work shop that I do side work out of for extra income, not reported

I have an old truck 38 years old and a 92 car.

My SS goes into bank account.

I got served a letter from an attorney for Capital One saying I was being sued.

The suit was filed in December 2012, took them until February 19 to serve me, I sent a registered letter back to the attorney and the court asking for original account info and stating my position.

Today I recieved 2 letters, the court refused to accept my letter stating that I had to pay a filing fee and send in there legal papers.

The other was from the lawyer, They totally ignored my letter and said I had defauted by not replying and judgement would be entered in 3 days which was yesterday.

The statute of limitation ran out on march1 2013.

Can they take my vehicles or any of my shop tools ?

I can’t pay them at this time.and maybe never at this age.



Dear Chuck,

It sounds like they filed suit against you ahead of the statute of limitations running out. In my experience it is highly unlikely they will take your tools or truck.

But the bigger issue here is if you have others debts lingering out there or was this your only bad debt?

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

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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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