Expert: Ray A Miller - 12/13/2008

Question
A credit card I had between 1978-1989 and was included in bankruptcy I filed in 1990 Capitol One is attempting to collect. I informed them that it was included in bankruptcy and they informed me that it was not listed in my credit report. I informed them to check the 1990 credit report. They informed me that it was not listed as being discharged in bankruptcy and that the only way it would not be listed if is I did not file bankruptcy or it was not discharged. I informed them that I did not have the bankruptcy information because of how old it was.I also informed them that a credit card from 1989 they could not collect on due to statute of limitations and I was informed by them that yes they could. I already sent a written letter to OSI who informed me that they were collecting for Capitol One stating the credit card was not a Capitol One credit card and that it was included in bankruptcy. The new people who contacted me stated they were Capitol One Management. I do not have any contact information for them other than a phone number. I informed them verbally to no longer contact me except in writing.I am a widow with a disable child I cannot have my bank account/wages and my daughter's social security benefits taken. I would not be able to support her and myself. What do I do-they have really scared me. I live in Texas.

Answer
Unless this bill has been reduced to a judgment, the statute of limitations has ran out.  Report these people (after contacting them) to the Texas Attorney General: http://www.oag.state.tx.us/ the Texas Department of Consumer Affairs:http://www.tdhca.state.tx.us/assist_main.htm and the Texas Better Business Bureau: http://houston.bbb.org/WWWRoot/SitePage.aspx?site=148&id=36cd3e31-9ca7-4a9d-bbef... Copy and paste these links to your browser.

Also is you wish for them to stop calling, you must put your request in writing.  I would do that and tell them of your intentions of reporting them to the above referenced agencies and send in by certified mail.

I am hearing a lot of negative things about Cap One lately;  I may have to turn in my card.  I wish you the best of luck with this and feel that you are in the right!