Capital One is Suing Me – How Can I Win?

George Simons

June 03, 2022

Fighting Capital One in court might seem like a David vs Goliath situtation... But remember that David wins in the end!

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 to 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 a 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 respond with an Answer within the allotted time frame.

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 cardholders.

SoloSuit makes it easy to win a debt collection lawsuit.

Capital One debt collection practices

Capital One is aggressive in its debt collection practices. If you learn that Capital One has placed your account in collections, you can expect incessant phone calls, letters, and ongoing harassment in an attempt to collect the debt. Capital One also reports all late payments and outstanding debts to the three major credit reporting bureaus, which can have a lasting impact on your credit score.

Example: Julio Lugo has first-hand experience with how far Capital One will go to collect a debt. He was sued by Capital One in 2018. As a New Yorker working at Mount Sinai Hospital in Manhattan, he found himself losing track of the days as the pandemic ravaged the city. Mr. Lugo, like many other healthcare professionals, found himself drafted into 16-hour days and losing track of the days as the battle against COVID raged on.

However, none of that stopped Capital One from garnishing a substantial portion of his wages at the height of the pandemic, creating an even greater hardship for him and his family.

Remember, you do have options if you owe money to Capital One. If you have the means to pay the outstanding debt, you can consider asking Capital One for a goodwill deletion to remove harmful information from your credit report. Explain why your payment(s) were late, and ask if they will consider a goodwill deletion. You can contact Capital One at 1-800-955-7070.

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. The slogan should be “What's in your wallet? A lawsuit!”

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 number ten 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 a 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.

What types of credit cards does Capital One offer?

Capital One is a giant in the credit card arena. They offer credit cards in the following categories:

  • Secured credit cards–whether you are just getting started on building your credit score or you are attempting to recover from a battle with debt, a secured credit card can help you start to rebuild a healthy credit profile. You put down a security deposit which is held by Capital One. Once you have established paying your credit card bill on time, Capital One will raise your credit limit above your secured deposit.
  • Cashback credit cards–qualifying purchases help you earn cash back on select spending categories.
  • Travel reward credit cards offer various travel rewards and are ideal for those who travel extensively.
  • Business credit cards are useful for tracking employee spending and help keep business and personal spending separate. You might also benefit from the often higher limits on business credit cards.
  • Credit cards with no annual fee–remember, if the card has a substantially higher interest rate, you may not be saving money by having a card without an annual fee.
  • Store credit cards–Capital One backs numerous store credit cards.

For a full list of credit cards offered by Capital One, visit Capital One's credit card page.

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 allegations against you in the Complaint
  2. Include your Affirmative Defenses
  3. File your Answer on time.

Now, let's break each of these steps down a little further. Don't like reading? Check out this video instead:

Step 1: Respond to each allegation listed in the Complaint

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.”

Example: David fell behind on her Capital One credit card payments in 2014 after losing his job. In 2022, Anna received a Summons and Complaint, notifying him that he was being sued by Capital One in his home state of Massachusetts. David was confused at first, because he didn't even remember he owed Capital One any money at all, not to mention the amount they claimed against him. When he looked closer at the Complaint document, he realized that most of the claims against him were untrue. He used SoloSuit to draft his own Answer document and denied all the allegations listed in the Complaint. A few months later, the court notified David that Capital One decided to drop the case because the debt was past the statute of limitations in Massachusetts.

Step 2: Include your 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.

Example: When David was sued by Capital One for credit card debt, he was frustrated because he had never even applied for a credit card with the company. He was even more confused when he found out that he was being sued in New York, because he hadn't lived there for over 9 years. David filled out SoloSuit's Answer document form, including his affirmative defenses section where he stated that the debt was not his and that he was being sued in a state in which he did not live. Capital One quickly dismissed the case, realizing that they had contacted the wrong person.

Step 3: File Your Answer On Time.

You have 14-35 days to respond to a debt lawsuit, depending on which state you live in. Make sure to file your Answer with the court before the deadline, and send a copy of it to the attorney listed on the Complaint.

Capital One is counting on the number of consumers who will fail to respond to a lawsuit. As a result, the credit card lender easily wins a default judgment, allowing them to garnish your wages or place liens against certain assets. When this occurs, you may not be able to sell your home, boat, or car until you satisfy the judgment against you. Don't let Goliath (*ahem*, Capital One) win by default. The longer you wait to take action, the greater the probability of a financial loss. If you have been sued by Capital One, visit SoloSuit to explore your options.

SoloSuit can help you file an Answer in all 50 states.

Read your Capital One credit card agreement

Unfortunately, most consumers don't take the time to read the full credit card agreement before activating a new credit card. Don't worry–you can find most credit card agreements on the Consumer Financial Protection Bureau's (CFPB) website.

Failing to read a credit card agreement can cost you a significant sum of money. Specifically, make sure you pay attention to:

  • Account fees and charges
  • Arbitration clause
  • Your rights as a consumer
  • What can happen to trigger a default
  • What you should expect if your account goes into default

Arbitration clauses are used by lenders to protect themselves from court actions challenging their fees, debt collection practices, and other policies by blocking a consumer's legal right. Arbitration clauses are notorious for restricting any potential consumer relief, especially in class action lawsuits. Under most arbitration clauses, consumers are narrowly limited to small claims court if they want to bring an action against a credit card company.

When dealing with Capital One, pay special attention to the Capital One arbitration clause. More specifically, note their lack of such a clause. In 2009, Capital One and several other major card issuers agreed to suspend its arbitration clause through 2013. This action was the direct result of a settlement of anti-trust claims. However, Capital One never reinstated the arbitration clause after 2013.

If Capital One is taking actions outside those listed in its own credit card agreement, you have the right to take action. A Capital One credit card lawsuit doesn't have to be as terrifying as it sounds. Though it seems as though Capital One sues everyone who defaults on their credit card payments, that doesn't mean they always win these suits.

To learn more about using an arbitration clause to your advantage, check out this video:

You can beat Capital One in court

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.

Dealing with the lawsuit now, with the help of SoloSuit, will save you lots of headaches over wage garnishment, a damaged credit rating, and other problems down the road if you ignore it. Don't let Capital One push you around. Take a stand today and fight back!

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


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