January 21, 2021
Summary: Sued for a debt by Credit One? This guide is for you. Use SoloSuit to respond in 15 minutes and win your lawsuit.
So, you are living your life doing the best you can, when suddenly you are served a summons to appear in court. Now, what do you do? Clearly, time is of the essence. That much you know but what actions do you take? Whatever you decide to do, you must understand how critically important the decisions you make will be in the outcome of the lawsuit.
The first step is to know the company that is filing suit against you. If Credit One is the creditor that has taken action against you, it is imperative that you gather as much knowledge as you can on them. Knowing your rights can prove to be the best defense if you ever find yourself with summons in hand. We will detail some of the tactics used by companies like Credit One how best to put yourself in the position to beat them in court.
Credit One tends to specialize in providing credit cards to consumers that have less than stellar credit scores. They charge higher interest rates because they generally approve consumers with some shaky credit history. Credit One also charges higher than normal annual fees. So, consumers who acquire a Credit One Bank credit card start paying higher fees and interests than other credit cards.
Credit One Financial is located in Las Vegas, Nevada and is incorporated in the state and they are in good standing since 1998. They are not a third party collection agency or a debt buyer, they are in the business of issuing credit cards for all consumers they approve. Because they will consider approving a credit card to people with credit scores as low as 370, there may be a higher than usual number of uncollected accounts.
The collection department of Credit One Bank has a history of harassing phone calls and communications to their past due consumers. The federal government watchdog, the Consumer Financial Protection Bureau (CFPB) has logged over 20,000 complaints on Credit One Bank. The Better Business Bureau has fielded over 1300 complaints on Credit One Bank in the last five years. The majority of these Credit One Bank complaints were a result of the actions taken by their collection department.
As agencies such as the CFPB and the BBB are transparent about the complaints they have received, these websites can be useful in gathering information about Credit One and the Credit One Bank lawsuit filed against you.
Because Credit One Bank caters to those consumers with lower credit scores, their customers may have a higher probability to default on the card balance. This is when their collection department begins and the possibility of a Credit One Bank lawsuit becomes real. Once the collection effort is exhausted, Credit One Bank has to determine if the defaulted balance warrants further legal action.
If you find yourself on the receiving end of a summons from Credit One Bank, it is time to take action. Whether you are receiving harassing calls or getting written communications in the mail, it is time to act. Served with a lawsuit for an unpaid debt? You don't have to go it alone. Be aware that consumers who take on a company like Credit One without legal representation fare worse than consumers who take action and find and receive proper legal guidance.
At the end of their collection efforts, Credit One Bank has to determine if the unpaid balance warrants they file a formal Complaint with the courts. If they take this action alleging you have defaulted on money owed to them, they can allege that you also owe them additional expenses such as interest, late fees, attorney costs and court and filing fees. All these costs are added to the Complaint.
If Credit One Bank files the lawsuit, a service processor will attempt to serve you with the summons to appear in court. After receiving the Complaint, time is of the essence and the most important priority becomes your response or “Answer” to the filed Complaint.
The worst thing a consumer can do in this situation is to ignore the reality. Why? Because if you ignore the lawsuit, the most likely outcome is that Credit One will file a motion requesting a default judgment. If the court grants the default judgment, Credit One has the ability, granted by this default judgment, to take the following actions against you:
Do not let this happen to you. Take action and respond to the Complaint.
If you respond to the lawsuit from Credit One Bank, it is important to make your affirmative defenses. Affirmative defenses are your defenses: reasons why Credit One should lose the lawsuit.
This is your right to be heard. To explain why this lawsuit has no merit. You can answer the allegations in the summons to bring to light any errors, inconsistencies or shortcomings alleged by Credit One Bank. They brought on this suit, they are the side that is making allegations. As such, they own the burden of proof. They must prove that you incurred the debt. They must show that you are responsible for the debt and that any amounts shown in the lawsuit are correct. Since they have the burden of proof, you or your attorney must demand that Credit One Bank produce the irrefutable documentation that you are the person responsible for the debt, They must prove that Credit One Bank has legal standing to file the lawsuit against you and that you owe the exact specific amount listed in their Complaint.
Requesting evidence to establish these basic facts is important because it is not uncommon for these credit card issuers to sue the wrong person or file their complaint beyond the statute of limitations.
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.
"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
Here's a list of guides for other states.
Being sued by a different debt collector? We're making guides on how to beat each one.
Need more info on statutes of limitations? Read our 50-state guide.
Need help managing your finances? Check out these resources.