Will Capital One file a Credit Card Lawsuit Against Me?
Capital One will file suit to collect on a defaulted credit card debt. When a consumer stops paying their credit card balance, the debt will typically be “charged-off” after approximately 180 days. After charge-off, some creditors will make in-house collection efforts by making calls or sending written communication, or they may hire attorneys to file suit directly. Sometimes debts are sold to debt buyers who will attempt to collect the debt. Capital One will hire attorneys to file lawsuits directly against consumers. They will then attempt to obtain a judgment and pursue post-judgment collection efforts.
What Should I Do If Capital One Sues Me?
- It is important to ensure that an answer to the lawsuit is timely filed after you are served with the lawsuit. DO NOT IGNORE A LAWSUIT!
- Ensure CAPITAL ONE has proof of the claimed debt amount and ensure the amount is accurate (confirm all payments and offsets have been applied)
- Ensure CAPITAL ONE has sufficient evidence to prove ownership of the debt
- Ensure suit was filed within the statute of limitations
- Assert all other possible affirmative defenses
- Review all collection activity by CAPITAL ONE to ensure there are no potential counterclaims for violations of state or federal law
- Determine whether to fight the case or pursue a settlement resolution
You may want to seek the advice of a knowledgeable consumer defense attorney to ensure your rights are protected and ensure you do not end up with an adverse outcome that could have been avoided or minimized. Contact us for a free consultation!