Capital One Claim for Annual Fees and Late Fees, in Illinois

[wanttoknowsomething]

I got a Capital One Credit Card in the state of Illinois and paid it off a long time ago and never used it again. I have moved at least 4 times around the area since then and never received any statements since my last payment when I paid it off. Last Monday I got served and have to show up in court for the following Monday. The collection agency is after me for $3,500.00 The reason is because every year I was charged a once a year fee to keep it alive and because I never paid it they charged me late fees and interest. Can they do this to me? Is this legal theft? What is my defence?

[jk]

read your contract. the answers you seek are in there.

[Betty3]

There might have been some procedure in the contract that needed to be followed to "officially" cancel the card which wasn't. However; if you have taken no action on this card for quite some time (ie made no payment), the SOL on the debt might be elapsed. Be sure you show up in court or they will get a default judgment against you. If the SOL for collection of the debt has expired, you can use that as your defense when you go to court.