Has a lawsuit been filed against you by Capital One Bank? Fortunately, you have found this website and you have found a Consumer Attorney who is willing to help assist you if your claim is in Pennsylvania.
As you know, Capital One is a major credit card issuer in the United States. They are actually one of the few credit card companies that file lawsuits against debtors who default on their accounts. (Many of the other major credit issuers often sell their delinquent accounts to collection agencies, who then file the lawsuits). They use several different collection firms to file these lawsuits, including Hayt, Hayt and Landau, Weinberg and Associates, and a few others. These are some of the biggest and best collection law firms out there.
Our approach to Capital One Lawsuits is examine the facts and determine the most cost effective solution. We look at the court, the attorney for Capital One, the date of the last payment and the amount of the claim. If it’s in your best interests to settle, we go that route. If it’s in your best interests to defend, then we defend.
The process of defending lawsuits filed by Capital One is twofold, if the lawsuit is filed at your county’s Court of Common Pleas. First, we defend the case based upon a lack of legal sufficiency. In general, when a party files a lawsuit in Pennsylvania, there are several issues that need to be recited in the lawsuit. In other words, facts must be established that tend to prove that you had a credit account, what the terms and conditions were, and that you defaulted on it. In our experience, we have found that the lawsuits filed by Capital One are usually legally insufficient, at least at the onset. We object to these lawsuits on insufficiency grounds with great success.
In the event that Capital One is able to cure the legal insufficiency objections, we then move on to defending the claim on its legal merits, i.e. whether you actually had the account, whether you actually defaulted on it, when the alleged default occurred, statute of limitations (Capital One’s SOL may be shorter than a regular SOL so please contact our office to discuss) et cetera.
Many of these Capital One claims, specifically the ones that are for $12,000 or less, are filed at your local District Justice court. Defense of a lawsuit at that level is quite a bit different. It generally involves a simple hearing between two attorneys and the Judge. If you are sued on a Capital One case, you should not attend the hearing. Frankly, you can only do damage to your claim if you do appear as you become a star witness for Capital One.
In many Capital One cases, defending isn’t the best choice. Many times the better course of action is to work towards a negotiated settlement. We’ve handled hundreds if not thousands of cases with the Hayt law firm. They are very professional and easy to get along with. In many cases we can work an amicable agreement that is fair to both parties.
Our firm has a great deal of experience in defending credit card collection cases. With the rise of delinquent debt and the outsourcing of that debt to shady collection agencies, having an attorney to protect your interests has become vital. If you have been sued in Pennsylvania by Capital One or another collection agency, our firm can help you defend or settle this claim at minimal cost, with a great chance at success. Contact our office here or call us at 412-348-8600.
Capital One Bank, like many other creditors, does sue customers for unpaid debts. Usually thisi credit card debt. If a customer falls significantly behind on payments and does not make arrangements to settle the debt, Capital One may take legal action to recover the owed amount.
If the case goes to court, a judge might award Capital One a default judgment against you. A default judgment gives Capital One the right to pursue further collections activity, like garnishing your wages or freezing your bank account. You'll want to avoid a default judgment at all costs.
Summary: On average, credit card companies sue for non-payment in 1 out of 7 cases, or about 14.5% of the time. If you're being sued for credit card debt, use SoloSuit to respond and win in court.
If you're being sued, you'll receive official court papers
One is called a Summons and the other a Complaint. These documents are typically handed to you or might be left with someone 18 years or older at your home, work, or mailing address.
During the years of the recession, particularly 2008 through 2010, when the number of credit card defaults surged, many banks filed more lawsuits. But Capital One dwarfed them all, reaching levels never matched by any company before or since, according to ProPublica's review of data going back to 1996.
Negotiate a settlement: For Example Capital One may be willing to settle the case outside of court. You or your attorney can negotiate a payment plan or lump-sum settlement that fits your financial situation.
When filing a claim through Capital One, and the merchant contests it, we may need to show that they violated their policies and terms that were agreed upon. That process can take up to 90 days and may require that you supply additional documentation.
Credit card companies can garnish (take) your wages just like most other creditors. But before taking part of your pay, the credit card company must first sue you in court to get a money judgment and a court order directing your employer to deduct funds from your pay.
If your debt appears as a charge-off, Capital One has most likely sold your debt to a collection agency and written it off as a loss. This means you no longer owe money to Capital One. Instead, you now owe the money to a third-party debt collector.
You may lose the ability to dispute the debt, if you believe you don't owe it or that the amount is wrong, and depending on your situation and your state's laws, the creditor may be able to: Garnish your wages. Place a lien against your property. Move to freeze funds in your bank account.
You're unlikely to be sued until your payment is six months late or more. If you're behind on your credit card payments and worried about the possibility of getting sued, read on to learn more about the process, how to fight back – or, better yet, how to avoid it in the first place.
Not responding to a properly served lawsuit – even if you're unsure whether you owe the debt – can result in the court issuing a judgment against you, which could limit your ability to dispute the debt, even if it's already been paid or you don't owe it.
We strive to keep our information current as laws change. Learn more about our editorial standards. A "statute of limitations" is a law that tells you how long someone has to sue you. In California, most credit card companies and their debt collectors have only four years to do so.
Deposits are insured up to $250,000 per depositor, per ownership category at Capital One. Deposit insurance is calculated dollar-for-dollar—that includes principal plus any interest accrued.
When you miss a payment, you'll enter collections where you may be charged late fees and interest. We typically report accounts as late to the credit bureaus after they are more than 30 days past due.
If you are being irresponsible about repaying debt, any private creditor (including credit card companies), can seek a court order to garnish your wages. Garnishing wages often is a last resort, and it takes legal steps before money can be ripped out of your paycheck via garnishment.
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