Capital One is Suing Me – How Can I Win?

George Simons

January 14, 2021

Summary: If you've been sued for a debt by Capital One, use SoloSuit to respond in just 15 minutes and win your lawsuit.

The ancient biblical story of David and Goliath tells you all that you need know about the dynamics that exist when a massive financial company like Capital One sues you in court. The huge financial Goliath doing battle with you, a single individual just like David, makes you fear that there is no chance that you could ever win. But, think again.

Remember, David won the battle with Goliath!

Let that be the lesson you take into your lawsuit battle with Capital One. Here are few preliminary things you need to know if you have been sued by Capital One. First, you should never ignore a lawsuit filed against you. If you fail to respond, then that gives Capital One the opening to obtain a legal judgment against you. With that legal judgment, Capital One can make your life even more difficult by trying to garnish your wages or freeze your bank accounts.

Second, if you respond to a lawsuit from Capital One, then there is a high likelihood that you can walk away without having to pay anything. Indeed, Capital One is just like Goliath in that it is so huge that it cannot get out of its own way. When a single person who owes credit card debt – we'll call him David – turns and demands that Capital One prove its case, more often than not the company does not have sufficient documentation to do so, or it simply does not show up to court. If that happens, you win! The key is to simply respond to the lawsuit in the first place.

Accordingly, in this article, we will discuss some basics about Capital One, and then talk about how easy it is – even if you never dealt with a lawsuit before – to respond to a debt collection lawsuit filed by Capital One.

If, after reading this article, you have more questions about how you can fight back against Capital One, contact us at SoloSuit. Our mission at SoloSuit is to give consumers the tools they need to push back against credit card companies like Capital One that try to take advantage of credit card holders.

SoloSuit makes it easy to win a debt collection lawsuit.

Just How Big Is Capital One?

If you have never heard the commercial tagline: “What's in your wallet?” then you have probably been in a coma for the last two decades. Back in 1994, Capital One was created out of other older financial companies with a single product in mind – credit cards, a relatively risky strategy. From that moment on, Capital One inundated the market with commercial advertisements for its credit card services. Now, Capital One's holding company, Capital One Financial Corporation, is on the list of the largest banks in the United States.

Capital One differs from other credit card companies in one respect. While most credit card companies will sell their defaulted (i.e., unpaid with balance due) accounts to a smaller company that focuses on debt collection specifically, Capital One sometimes keeps the account and issues a lawsuit itself. That is why, if you have an unpaid balance on your credit card that has been around for a few months, Capital One will sue you directly.

SoloSuit makes it simple to respond the right way.

How Can I Beat a Goliath like Capital One in Court?

The way to win against Capital One starts with an Answer to Capital One's Complaint. Now, responding to a lawsuit with an Answer is not that difficult, but it can be overwhelming for someone who has never done it before. That is where SoloSuit comes into play. Just think of SoloSuit as your own personal “slingshot” that will help beat the mighty Goliath that is Capital One.

With the help of SoloSuit, you can easily create, write, and file your Answer in court against Capital One within the time allotted. All you need to do is go to solosuit.com, and you can quickly begin the process.

That said, there are a few simple rules you should keep in mind when fashioning your Answer to the Capital One Complaint.

  1. Respond to Each Numbered Paragraph. When the court receives an Answer to a Complaint, the court expects one thing – that the party Answering the Complaint either “admits” or “denies” each and every numbered paragraph in the Complaint. As you look at the Complaint, you can see that each factual allegation is numbered. So, just like in any regular argument you have with someone, you tell them whether his or her allegations are true (“admit”) or false (“deny”). Also, if you honestly do not know whether something is true or not, be sure to either “deny” the allegation, or simply say “I don't know.”
  1. Remember to Include Affirmative Defenses. Again, just like in an argument with someone, you not only refute the facts, but you also can state the reasons why the person who is demanding something should not get it. In terms of your lawsuit with Capital One, there may be good reasons why Capital One's lawsuit should be dismissed – perhaps you paid off the balance, or it is not your credit card, or Capital One filed suit beyond the applicable statute of limitations. If you have reasons why Capital One is wrong to sue you, then you should say so.
  1. File Your Answer On Time. Each state has different rules for how long you have to Answer a Complaint. Check with SoloSuit to confirm how long you have to respond.

SoloSuit files for you.

Overall, even if you do owe Capital One money, that is not a reason to ignore the lawsuit. Rather, you should engage with the suit by responding, and then you can either get the case dismissed entirely because Capital One can't prove its case, or at the very least, you can negotiate a reasonable resolution.

We cannot emphasize enough that dealing with the lawsuit now with the help of SoloSuit will save you lots of headaches with regard to wage garnishment, a damaged credit rating, and other problems down the road if you ignore the lawsuit.

What is SoloSuit?

SoloSuit makes it easy to respond to a debt collection lawsuit.

How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.

Respond with SoloSuit

"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James


Start My Answer


>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance

How to Answer a Summons for Debt Collection Guides for Other States

Here's a list of guides for other states.

All 50 states.

Guides on How to Beat Every Debt Collector

Being sued by a different debt collector? We're making guides on how to beat each one.

Other helpful articles

Need more info on statutes of limitations? Read our 50-state guide.

Need help managing your finances? Check out these resources.

Why do debt collectors block their phone numbers?

How long do debt collectors take to respond to debt validation letters?

What are the biggest debt collector companies in the US?

Is Zombie Debt Still a Problem in 2019

How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)

SoloSuit FAQ

Tips on you can to file an FDCPA lawsuit against a debt collection agency

Advice on how to answer a summons for debt collection.

Effective strategies for how to get back on track after a debt lawsuit