What to Do If You've Been Sued by Capital Collections
Chloe Meltzer | October 19, 2022
You may have a debt, but you also have a defense.
Summary: Are you being sued by Capital Collections for money you owe? Make the right defense and win your case fast!
If you have received a letter in the mail regarding debt collections, your first thought might be to throw the letter out. This is the wrong thing to do. Instead, you should educate yourself and understand what to do in the case of being sued by a third-party debt collector.
Who Is Capital Collections LLC?
Capital Collections LLC is a third-party debt collection agency that specializes in the collection of commercial, housing, retail, healthcare, government, transportation, and even agricultural debts. Capital Collections LLC works out of Fresno, California.
If you have a large amount of debt and end up falling behind in payments, then you might be contacted by this agency. This is because they have most likely purchased your debt from the original creditor, and are coming after you to pursue you for the debt. In some cases, Capital Collections has been known to practice unfair or deceptive practices, and in these cases, you do have protection.
The Federal Trade Commission enacted an act called the Fair Debt Collection Practices Act. Known as the FDCPA, it was created to prevent harassment of debtors by debt collectors. This act allows consumers to take legal action against an agency if they feel their rights have been violated.
Don't let debt collectors take what's yours. File a response with SoloSuit.
What to Do If Capital Collections LLC Is Trying to Collect a Debt from You
If you have been contacted by Capital Collections then you need to know your rights. You should know that you have the right to request this agency stop contacting you about your debt. This is called cease and desist and can be done in the form of a written request. Once Capital Collections LLC receives your request to cease contact regarding the debt, they must stop contacting you. If they continue to harass you or call you then you may be able to build a claim under the FDCPA. This can award you up to $1,000, plus additional damages.
Understand the Timeline for Debt Collection
If you're being sued by a debt collector then you should know what to expect. The timeline that you will personally go through may vary, but generally, it will go according to the following.
- Receive a letter in the mail: This will be the summons notifying you of the debt. This will occur when the debt is 180 days past due.
- Wait for the debt validation letter: Within five days of the original contact, you will receive a debt validation letter. If they do not, you can use this in your counter case. This letter should contain the name of the creditor and how to dispute the debt if you believe it's not yours.
- Ask for a verification letter: This must be sent within 30 days of the validation notice.
- If you owe the debt: You can respond to the debt collector and create a plan to pay off the debt. This might mean setting up a payment plan or negotiating the debt. Your verification letter must include:
- Who the creditor is
- If the debt has been paid
- Why the amount is accurate
- If you want to fight the debt: If you do not respond, then you may be given a default judgment. This is why you must respond to the debt collection notice.
- Court: You will be given a court date and if you fail to show up for this, then you will be given a default judgment.
- Default judgment: You want to avoid a default judgment, but if this occurs then Capital Collections may be able to garnish your wages, place a lien on your property, or take funds directly from your account.
Use SoloSuit to respond to a debt collection lawsuit in 15 minutes.
What Steps to Take When Being Sued for Debt by Capital Collections
Respond to the Lawsuit
Whether or not you owe the debt, you will need to respond. This means if you believe that you owe the debt you should respond, but you should especially respond if you do not owe the debt. This might be stressful but it is incredibly important because otherwise, you open up the avenue of default judgment. Debt collectors are going to pursue a lawsuit whether or not you respond, so it is essential to do so. If you do not respond, you will not have the opportunity to challenge the lawsuit later on.
Challenge the Lawsuit
Because Capital Collections is a third-party debt collector, the debt has most likely changed hands multiple times. This means that you can use a few different methods of challenging the lawsuit:
- The debt is not yours: It is very common to have papers served to the wrong person. This is a perfect challenge to a lawsuit even in the case of being served with papers that belong to a family member.
- You previously satisfied the debt: In some cases, you may have already paid a debt. You cannot be sued for a debt you have already paid.
- The debt amount is incorrect: It's possible that even if you owe the debt, the amount might be wrong.
- The statute of limitations has passed: The statute of limitations is the amount of time that a debt collector can collect a debt from you. It ranges from three to 20 years but is generally around six years. The length of time depends on the state you are being sued in.
Choose the right affirmative defense with SoloSuit.
Identify Violations of the FDCPA
Under the FDCPA if your rights have been violated, you may be able to bring a countersuit against Capital Collections. These violations may include:
- Calling consumers before 8 am and after 9 pm.
- Engaging in harassment.
- Threatening to take property without the legal right to do so.
- Contacting family or friends regarding your debt.
- Make fraudulent claims or misrepresenting themselves.
In some cases, you might choose to fight a debt lawsuit, but other times you might choose to settle with the debt collector. This will vary based on how much you owe, what your overall financial situation is, and how close you are to the statute of limitations.
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
>>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.
Win Against Credit Card Companies
Is your credit card company suing you? Learn how you can beat each one.
Going to Court for Credit Card Debt — Key Tips
How to Negotiate Credit Card Debts
How to Settle a Credit Card Debt Lawsuit — Ultimate Guide
Get Answers to These FAQs
Need more info on statutes of limitations? Read our 50-state guide.
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?
If a car is repossessed, do I still owe the debt?
Is Portfolio Recovery Associates Legit?
Is There a Judgment Against Me Without my Knowledge?
Should I File Bankruptcy Before or After a Judgment?
What is a default judgment?— What do I do?
Summoned to Court for Medical Bills — What Do I Do?
What Happens If Someone Sues You and You Have No Money?
What Happens If You Never Answer Debt Collectors?
What Happens When a Debt Is Sold to a Collection Agency
What is a Stipulated Judgment?
What is the Deadline for a Defendant's Answer to Avoid a Default Judgment?
Can a Judgement Creditor Take my Car?
Can I Settle a Debt After Being Served?
Can I Stop Wage Garnishment?
Can You Appeal a Default Judgement?
Do I Need a Debt Collection Defense Attorney?
Do I Need a Payday Loans Lawyer?
Do student loans go away after 7 years? — Student Loan Debt Guide
Am I Responsible for My Spouse's Medical Debt?
Should I Marry Someone With Debt?
Can a Debt Collector Leave a Voicemail?
How Does Debt Assignment Work?
What Happens If a Defendant Does Not Pay a Judgment?
How Does Debt Assignment Work?
Can You Serve Someone with a Collections Lawsuit at Their Work?
What Is a Warrant in Debt?
How Many Times Can a Judgment be Renewed in Oklahoma?
Can an Eviction Be Reversed?
Does Debt Consolidation Have Risks?
What Happens If You Avoid Getting Served Court Papers?
Does Student Debt Die With You?
Can Debt Collectors Call You at Work in Texas?
How Much Do You Have to Be in Debt to File for Chapter 7?
What Is the Statute of Limitations on Debt in Washington?
How Long Does a Judgment Last?
Can Private Disability Payments Be Garnished?
Can Debt Collectors Call From Local Numbers?
Does the Fair Credit Reporting Act Work in Florida?
The Truth: Should You Never Pay a Debt Collection Agency?
Should You Communicate with a Debt Collector in Writing or by Telephone?
Do I Need a Debt Negotiator?
What Happens After a Motion for Default Is Filed?
Can a Process Server Leave a Summons Taped to My Door?
Learn More With These Additional Resources:
Need help managing your finances? Check out these resources.
How to Make a Debt Validation Letter - The Ultimate Guide
How to Make a Motion to Compel Arbitration Without an Attorney
How to Stop Wage Garnishment — Everything You Need to Know
How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)
Defending Yourself in Court Against a Debt Collector
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
New Hampshire Statute of Limitations on Debt
Sample Cease and Desist Letter Against Debt Collectors
The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah
West Virginia Statute of Limitations on Debt
What debt collectors cannot do — FDCPA explained
Defending Yourself in Court Against Debt Collector
How to Liquidate Debt
Arkansas Statute of Limitations on Debt
You're Drowning in Debt — Here's How to Swim
Help! I'm Being Sued by My Debt Collector
How to Make a Motion to Vacate Judgment
How to Answer Summons for Debt Collection in Vermont
North Dakota Statute of Limitations on Debt
ClearPoint Debt Management Review
Indiana Statute of Limitations on Debt
Oregon Eviction Laws - What They Say
CuraDebt Debt Settlement Review
How to Write a Re-Aging Debt Letter
How to Appear in Court by Phone
How to Use the Doctrine of Unclean Hands
Debt Consolidation in Eugene, Oregon
Summoned to Court for Medical Bills? What to Do Next
How to Make a Debt Settlement Agreement
Received a 3-Day Eviction Notice? Here's What to Do
How to Answer a Lawsuit for Debt Collection
Tips for Leaving the Country With Unpaid Credit Card Debt
Kansas Statute of Limitations on Debt Collection
How to File in Small Claims Court in Iowa
How to File a Civil Answer in Kings County Supreme Court
Roseland Associates Debt Consolidation Review
How to Stop a Garnishment
Debt Eraser Review