Yup, realized that after I first posted it.
Big question is if I should pursue this in this manner or not.
Just some history here. In December of 2013 my company was on the verge of bankruptcy, I consulted with an attorney and was starting the process. There were 8 credit card debts, all owned by the Corporation, but most being treated as also my personal responsibility, so a Personal Bankruptcy was needed.
I tried to settle wth Wells Fargo that represented 1/2 of the total debt and they took 30%, money I was fortunate to make at just that time. So since then I've been settling with the others averaging a 35% settlement. My score of course took a huge hit, but it's been coming back, my Experian is actually to 680 now and that is with the remaining unpaid, charged off Capital One account this thread is about.
I hope to be able to settle it, but decided that if I could get the Personal Guarantee removed, which I know I never agreed to, that a)my negotiating position would be stronger and b)I could get this off my Credit Reports.
At any point they could of course sue both me and the Corporation, if there is no enforceable guarantee my worst case scenario would be a judgement against the Corporation, which is still failing and I will probably dissolve in the near future anyway.
Any advice on how to continue to challenge this guarantee would be greatly appreciated!
