I'm confused about Capitol One

[guineapiggie101]

A few years back I got a Capital One card charged off to the tune of $1200. I was going through a tough time and could not pay. Ended up trying to make payments on it to Cap One through a collection agency. When I moved out of state, I still paid on it for a few months but then when collection agency found out I wasn't living in the state they could collect on, they told me they had to send it back to Cap One. Didn't hear a peep from Cap One since then. Got a few calls and letters from JDB type collection agencies. Tried to DV but no response.

 

A few years have now passed. I have gotten some new credit cards to try to rebuild credit. Been worried about Cap One filing suit against me. Have not gotten any car or house loans, so not really had to report employment. I have been paying on time with my new credit cards so have better credit history now. Unfortuanetly, I am currently unemployed (laid off). Am still paying my bills.

 

Today I found out that I could find case filings for my city, online. Go on there and find out that Cap One file a case against me on 8/2006. I was never notified, nor served with papers about judgements or anything. There are NO judgements on my credit report or anything like that. I watch it RELIGIOUSLY. I order my credit reports every few months via Experian.com. No judgements against me (checked today). And Cap One isn't even on my credit report anymore.

 

Right now my credit scores are hovering around the 670's.

 

But, on the civil case filings, it showed that Cap One filed something against me. Does not show what happened to that case (it's now been almost 4 years).

 

What should I do now? if they file a judgement/case against me, it should show on my credit reports, but it doesn't.

 

I'm confused. What should I do now?

Edited February 9, 2010 by guineapiggie101

[whipster]

You need to go look at the actual court file if possible. If they just filed against you and never served you, it was probably dismissed after 6 months or so, as most courts will "dismiss for want of prosecution" after several months of no action. Good luck!

[guineapiggie101]

I will go do that. I didn't know that they could just file and not serve someone. From what I've been reading on here, it seems they SAY they serve you, filed, and won default judgement. And this is Capital One which, from what I have read on here, seems to love to sue debtors.

[fdj]

I will go do that. I didn't know that they could just file and not serve someone. From what I've been reading on here, it seems they SAY they serve you, filed, and won default judgement. And this is Capital One which, from what I have read on here, seems to love to sue debtors.

Not uncommon at all for a suit to get filed but no process served, although you may have been served, whether you know it or not.

 

I agree that you need to find out what exactly was filed and what the status of it is. If it's been dismissed, you've probably dodged a bullet. If it ended in default judgment, you have a completely different dragon to slay - one that requires you to learn your state rules of civil procedure to determine if they properly served you and, if not, how to get the judgment vacated.

[guineapiggie101]

If I do go down to Superior Court to look it up and get the paperwork on it, will they notify the Cap One that I went and looked up paperwork on it? Right now it is a sleeping dragon. There is no notice of this in ANY of my credit reports and my scores are pretty decent. Cap One has also fallen off my credit reports for ALL 3 credit bureaus.

[Tappanzee]

If I do go down to Superior Court to look it up and get the paperwork on it, will they notify the Cap One that I went and looked up paperwork on it? Right now it is a sleeping dragon. There is no notice of this in ANY of my credit reports and my scores are pretty decent. Cap One has also fallen off my credit reports for ALL 3 credit bureaus.

 

No, they will not call Cap One telling them that you were looking at the file.

 

Additionally, if you were never served, you may be able to file a Motion for Default for failure to serve