Capital One is Suing Me and I Have 30 Days to Respond. – Sue


“Dear Steve,

I have two issues really.

First, Capital One is suing me and I have thirty days to respond and I am gathering my information for that response. What sort of documentation do I need there?

Second, I was co-signer on auto loan for a friend. However, the paperwork and loan docs say I am primary borrower and my friend is co-borrower and his wife is not on the paperwork. I brought this to the attention of the salesperson and when he went to handle it for me and said to call him back the next day, he was gone, no longer with the company.

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I called the lender to point out the error and they only had the set of doc with me as primary and I only have the original sales slip with only my friend and his wife on the paperwork. That wasn’t the only difference in the sales slips either.

The only difference is my credit report was pulled between the first set of docs and the second set. Well long story short, we never received statements, payment coupons and when the my friend was making payment arrangements for missed payments, the lender gave him the run around and tried to make them make a second payment for one that had been cashed but not posted due to error on the lenders side. It was repossessed last year and now I am being sued. I have all the documentation on this bad deal. What do I need to include on this response?


Dear Sue,

You really need to contact a local attorney for advice and assistance with this before you respond.

As far as the lender is concerned they have an apparently signed agreement with you as the primary borrower for a vehicle that was repossessed. They will come after you for the balance due. Which your friend should pay for you.

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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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