Steven is Disabled, in Foreclosure, and Being Sued by Capital One

“Dear Steve,

A hard working blue color man, worked for 30 years before getting injured on the job May of 08. I am now considered disabled. Besides trying to save my home from foreclosure, Capital One is suing me for nonpayment; I received papers from the sheriff saying I have 20 days to respond.

Seeing how I am disabled and was injured on the job and not able to work , am I still libel for these payments or is there some kind of insurance on credit cards?


Dear Steven,

It sounds like you are in a really difficult and tough position but there are some options. Generally I’m never a fan of credit card insurance since I don’t think I’ve ever seen one of those policies pay off. But if Capital One has been charging you insurance then you may be eligible for some type of coverage. The best way to check would be to call Capital One customer Service and ask them if you are eligible for payment protection. They’ll let you know. Additionally you can look at some of your old statements to see if there was a line item charge on there for payment protection insurance.

Since you were injured on the job and disabled there are a number of avenues you can follow. I think your best bet would be to immediately contact a personal injury lawyer and let them know what happened. A good lawyer will also be able to tell you what else you are eligible for because of your injury. Not only may you have a claim against the employer but possibly Work Comp. But in order to protect your rights you should contact a lawyer right now.

When you contact the personal injury lawyer let them know about the Capital one lawsuit and ask them for specific legal advice on how to handle it in conjunction with your injury claim.

If you don’t contact a lawyer right away then regarding the lawsuit by Capital One I would suggest that you call Capital One first as I mentioned to to see if you were eligible for payment protection coverage. Then I would make sure that you respond to the papers you were served with, stating your case and situation. You will get a court date for the suit, be sure to go to it. You can explain your situation to the judge at that time also. You may still lose the case but if you don’t respond and don’t show you will be guaranteed to lose.

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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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