Capital One Suing – Negotiate with CapOne or Contact Attorney?
Hello, I have just received a letter from an attorney in the state of Michigan, I now live in Florida, that says a lawsuit is being filed against me in district court for 1200$ owed to capital one. I also have 3 other capital one credit cards that I have also not been able to pay for a year that will probably be going to a lawsuit the same as this one soon.
Can I still contact Capital One directly to settle for a lesser amount and make payments to them, or now that the lawsuit has been filed (if it has) must I negotiate with the attorney on that debt, but negotiate with Capital One for the other 3 credit cards?
I have been considering bankruptcy, but if I can get on some payment plan for the debts I may be able to pay them off eventually if they are willing to do this.
What do I do about the one I just got the letter saying they were filing the lawsuit against me, and I would be receiving a summons soon? And also what should I do about the other 3 credit card bills (totaling about 3000$) as well as a few others I have that are not in a lawsuit yet, but will be. I truly appreciate any help and look forward to your response. Thank you.
Capital One lawsuit, can I still negotiate with Capital One, or must I contact their attorney? Also, what to do about the other debts?
—Tracy
Who is the attorney firm contacting you about your Capital One account from Michigan? Did you receive the letter direct at your Florida address, or was it forwarded to you after having been sent to an address in Michigan?
Capital One Debt Sent to a Law Firm for Collection Means Settling with the Attorney Debt Collector
It is certainly possible to contact the attorney and arrange for a lump sum pay off. If you don’t reach a dollar amount you can fund, it is possible to stretch the settlement out over a few payments. Never commit to a payment plan you are not confident you can complete.
Monthly payment arrangements you can afford until the balance is paid off are also an option.
How long have you lived in Florida? I ask because FL has some pretty strong consumer protection laws that would prevent your wages being garnished. If you cannot afford to do much right now, perhaps you should not commit to anything until your situation stabilizes.
Resolve Your Past Due Capital One Accounts
Can you come up with about half of the current balances? Fifty percent may be where you land on the Capital One accounts after negotiating your settlement. Your other accounts you mentioned having may settle for less than Capital One.
Your targets for savings in settlement, and timing your offers based on your available money, is something of a science. It can depend on who has the accounts, how long they have had them and a few other things.
How long has it been since you last made a payment on these debts? Your answer may help to determine your next step.
I would not assume that you will be sued on all Capital One accounts, or any others. If you would like to discuss your concerns and your options to resolve the debts one on one, you can call me at 800-939-8357, choose option 2. You can also submit my consult request form. Consults are free, so do not hesitate to take me up on the offer.
You can also post answers to my above questions in a comment reply below. I will respond with more details once I have some of that information.
Anyone looking to resolve Capital One debt that is in collections is welcome to post questions and concerns below for feedback.
About Michael BoveeMichael started CRN in 2004 with a mission to provide people in need with detailed debt and credit help and education. Michael has participated as an expert panelist in federal consumer protection rule making, collaborated on state law changes governing debt consolidation, has worked as an expert witness in court matters related to the debt relief industry. He is available to speak with you about your financial struggle and helps people resolve their debt problems daily.
My husband has been served court papers that he is being sued by Capital 1 for a debt he knew nothing about in the amount of $7983. What actions should we take?
Is it that he may have been the victim of ID theft?
We think so
That is how I would approach this. I have an article up about how to deal with ID theft.
Hi I live in Florida and capital one is sueing me for $3000. I am not working now I’m taking care of wife she had accident. I’m very scared I don’t know what to do please advice me or help me
When did you get served the legal papers? What is your goal for resolving this account? Are there additional debts, and if so, what do they all add up to?
Good morning Michael,
I came across you through YouTube and again while surfing the internet. I took a lot of your advice and I am now settling with Capitol one for 50% of the debt owed. First, I would like to say thank you. There are many people that need this type of help and it is amazing for someone to offer this. You are greatly appreciated. I wanted to ask you a question. I have set up 8 monthly payments but most likely can pay it off early. Can I do so, or do I need just pay monthly? The amount was too much for me to pay all at once and I did’t want to agree to something that I may default in, however I may be able to pay it off in 3 or 4 months. If this is possible, can I do that or do I have to stick to the settlement amount only.
I have regularly had people pay off settlements earlier than planned. It is common to do, and nothing should hold you back from it, but call Capital One prior to paying it off and make sure. Let me know if they say anything odd.
Hi Michael, THANKS FOR YOUR INSIGHT. I was sued by Cap One a year or so ago, I have made payments to one law firm then they switched to another one. I had triple by-pass surgery is why i got behind in my payments before the law suit.. But recently I got behind again due to no work at my part-time job. So the last payment of $25 was sent in along with a question to the firm on what was my balance at present. They never responded. From some of my research on Capital One law suits and such, I’m beginning to think that Capital One is not really receiving these payments to lower or pay off my balance to them. Do you have a heads up or further knowledge about their MO? ( modus’operandi) Thanks. CK
I would not say that, but when you send in small payments, you are likely just covering judgment interest (if the court granted it), or collection costs and fees, so in that way, not paying down the actual principle.
Sometimes, not always, it is best to conserve cash, and save up to settle judgment debts.
It can also make sense to get a fresh start with chapter 7 bankruptcy if the situation warrants it.
Hi Mike;
First off thank you for the info! I had a default judgement entered against me from (CapOne) for a little over 5,000 back in 2014. I just got a letter from a Atty last week re: a Depo hearing they want me to attend in Dec. Can I assume they are doing this because they’re getting ready to garnish wages/bank accounts etc..? Why would they wait so long to take action?
Thanks again,
Andy B.
Hi Michael
I live in Virginia and I have many credits sent to collections agencies right now because I had a hardship financial for more than 1 year, Capital one for balance 1780$ they sent a letter before charged off to forwarded to a lawyer in my state for possible lawsuite. And also Discover for
Balance 1873$ still not charged off until late the end of the month and they send a letter to be forwarded to an attorney seeking judgment against me. Could you please give me a recommendation before they send me to the court. I am still have another charged off accounts with another banks they sent it to collections .
Thanks
Can you come up with about half of what you owe to both Capital One and Discover Card? I would look to negotiate settlements right away on both these if it were me.
Thanks for your help Michael. I’ve been pouring through these responses and it helped a lot. I was served this past Monday for a Capital One credit card that was closed in September 2015. I owed about $2500 which is the same amount Capital One was asking for. The lawyers they hired was Moss Law Firm in Lubbock, TX. I called and tried to get them down to 50% but I settled for 60%($1500). They set up some of the payment immediately and another small amount by the end of the month. They said I will receive a receipt of payment for both payments and they would drop the lawsuit after the second payment goes through and provide proof that the debt is settled. One question, should I still file an answer? The papers they served says it is due on the 14th day after the papers were served which is next Tuesday. Also, if I do file an answer, do I just agree to everything since I settled it?
Thanks!
Do you have the settlement agreement with them in writing?
I believe they said they would send it in the mail after the first payment goes through.
I would normally insist on seeing the deal written up before I provide any payment. You may want to call back and cover the deal over the phone again, but this time record the part where they outline what is being agreed to. There are different free apps for your smart phone that will work, or you can put the phone on speaker and go old school.
Tell them you are recording too, and why (to cover your but since the letter is coming after payment).
Hello Michael,
I live in Texas, I am currently being sued by Capital One for $2,700.00 Last activity was in 2015, the account shows charged off on my credit report. I was served papers last weekend from Harris County Precinct 1 which state I need to respond within 14 days of receipt of the letters. Do I need to respond? if so what should I say?
I tried contacting the law office to settle but they only offered a settlement of $2,400. How long do I have before I receive a summons to court? Can you tell me what will most likely happen in court so I can be prepared. I also consulted with a company who offers credit repair they told me not to respond and not to worry because they can not garnish my wages and if I paid the one time fee of $550.00 they would call the collections agency( law office of Scott and associates) and offer them $700 and if Capital one did not take the offered amount then they would take action to remove charge off and amount I owe from my credit report. I apologize for all of the questions I have gotten many opinions on this matter and am not sure what is right or wrong at this point.
Who was the credit repair company suggesting it would be worthwhile to offer $700 to Capital One on a litigation account?
Can you pull together 50 to 60 percent of the balance in order to settle this out of court?
It was a small mom and pop type company that I was referred to by a friend. They offer Tax and credit repair services.
Yes I could pull that money together within a week.
I would focus on negotiating the settlement for about half (probably a bit more) either before I file an answer, or file one, and then negotiate. I do tend to see better outcomes when settling when you defend it to start.
Whomever is telling you to not do anything and just get this off your credit later is not saying anything helpful. Quite the opposite.
Check out this page for more details about settling when sued.
The same thing is happening to me and i cant get ahold of the law firm today. Should i call them first and settle before going to the justice of peace to write my answer?? What are my chances they will settle and dismiss these sue charges.
I am being sued by a law firm that says they are atty for Capital One. The acct is close to 3 yrs ago. They filed a lawsuit in justice court and when they could not personally serve me they were granted a motion to serve by posting on my door. I filed an answer with the court stating that I have no proof that they were hired by Capital One who charged off my acct a year ago. I also stated that I deny this is my acct based on there was no original contract or agreement provided to me by this law firm, thus how can they prove this is actually my debt. Now a mediation is scheduled through the court. I do not have the time or money to pay court fees to file a motion to dismiss, nor can I miss work to attend. Since I filed the answer, do I have to attend the mediation?
If you do not participate in the process from here, I often see the creditor end up with a summary judgment.
Hi Michael!
Thank you very much for your advice and input. I settled my Capital one account original debt of $2,791.00 for 40%….$1,116.00! They are sending paperwork paid in full and dropping the court case! I offered 20% and they came back with 40%, so I jumped! For JOY! Miracles do happen! What a relief! Thank you so much for the work you do, I learned so much from the hours I spent reading on your website and watching your videos.
In sincere appreciation
Congratulations Lisa! And thanks much for sharing the outcome with me and other readers. It makes a huge difference for people to know how things play out for each other.
Hi! Dis you settle by contacting cap one or the lawyer?
If your Capital One account is currently being collected by a law firm, you will want to contact them.
Hi, Michael, I’m being sued for $1600 my 1st credit card.. I fell behind payments due to family issues…. And I’m in a very tight budget! By the time I get paid from work, check is gone from paying bills, I’m so tight, that I have to make my money last till next payday, Just to have gas in my car!! This is very stressful… everytime I try & catch up, something else comes up & Now this. … This one here is a big one to me!! My court date is on Monday… Super Nervous on the outcome, I don’t know what’s gonna happen or how to pay!! 🙁 super broke
How did court go?
Can i get a consultation on debt numerous credit cards with high balances. Defaulted on several in that 180 day range.
You can submit the talk to Michael form on this page and I will email you to set up a time to connect when I see that. You can also call 800-939-8357 ext 2.
Hello I’m in Florida unemployed right now .I received a letter in the mail to avoid legal review. I owe 2700. Should I filed bankruptcy. I can only afford $25 a month but they never agree to that amount they want more.
Filing bankruptcy over $2,700 is rarely worth it. Do you have any other unpaid bills? How much do all of your debts add up to? Who is the debt collector you are dealing with?
Im currently being sued by capital one bank on an account that they claim my last payment to them was January 2015? do you know what their policy is concerning chargeoffs? Is it past the legal timeframe in which they can sue me?
What state are you in? Where you live is often going to determine the limits for when they can sue, and then there are borrowing statutes that can shorten that up sometimes.
Hi Michael. I’m being sued by Capital One for $1,900. I’m a stay at home mom with no income and probably won’t have any for quite some time. We are on a strict budget and owe a lot of debt to many other banks. We’ve just been hit hard the past few years between many major life events and are having a hard time keeping afloat. Just wondering how they would collect from me as I have no account under my name nor any income. And also what they may consider settling at given the circumstances. I could try to sell off some things in the house to come up with cash as a settlement. Any advice is greatly appreciated.
Check out this post where I rank the largest banks for how low they settle, among other criteria. Capital One is in there, and many of your other credit cards may be too. That information could prove useful later.
I do recommend trying to settle. Capital One sues… a lot, and they will use the courts on account under 1k.
Hello, got served papers referencing Capital One in care of a law firm here in Georgia. Capital One debt is approximately $12,000 which built up over the years with late charges and such. Account was chareged off. Job lost in 2011 temporary job in 2012 that lasted about eight months in between that time did call Capital One to try to work out a plan when I suggested what I could pay was not even close to what they kept coming back to me as a payment. So it just went downhill from there by the time I did get a job in 2014 my husband lost his business and we have not been able to catch up right now we are only able to afford the essentials saving up to pay them it’s not an option with so many others in line/debt. We need to get on our feet my husband still does not have a job. Cal court, call Cap 1 again, call the suing lawyer? What to do? 30 days up soon.
Have you looked into filing chapter 7 bankruptcy?
Do you have other debts than this one with Capital One? I may try to avoid filing by defending the lawsuit and trying to settle later (even if they get a judgment) if this is the only debt I have to contend with. But if there are others waiting int he wings to sue….
Look into whether you qualify for chapter 7. If you don’t, post an update and lets go from there.
Being sued by capital one. No $ available to settle with them. Go to court January 30. What do I do?
How much is Capital One suing for? How long would it take you to raise 50 to 60 percent of that?
You can often drag out a court case in order to buy time to save up, or raise the money you need to settle.
$1600 and no I don’t have much $
You are likely looking at a 50% or higher settlement. Are you being sued in small claims court? It is a bit harder to get a good amount of time by defending a lawsuit in small claims.
How long would it take to raise 1K?
Are you paying other creditors on time that show on your credit reports?
Do you have other collections on your credit, and if so, how many?
This is exactly what im just going through now w Capital One. I hv 30 days to respond, and live in Florida, im sure its a lot harder to perform a motion to dismiss when my debt is from the original debtor pursuing me.
Im getting sued by Capital One do u know any experience debt collection defense attorney in California
Check out this video interview with Jeremy Golden about collection defense in California.
Ok..thank you
My wife is currently being sued by Capital One Bank for charges-off credit card. We live in Georgia and the debt is approximately 4 years old. Pollack & Rosen, P.C. is the attorney for Capital One. How do you advise her to proceed? Initial suit was answered and filed with Clerks Office by her. Thanks for your time and assistance!
What is the goal to resolve this? How much is Capital One suing for?
Michael,
Thanks for your reply! The goal is to make sure the Attorney can collect on this account legally. If so, then make a settlement offer. The amount is $4319.53. Do they have to provide a copy of the signed contract by law? Thanks for your help!
Eric
Signed contracts for credit cards are not always required. Most of us do not sign anything when we open these accounts any more. Not with blue ink anyway. It is an electronic signature.
If Capital One is the named plaintiff, they hired the attorney. Getting hung up on whether the attorney suing can do so legally is left turn I would not typically take.
It would be a good idea to run your situation by an experienced debt collection defense attorney in your state. I can email you a list of them in Georgia if you like?
Thanks for your advice! Please send me the list of attorneys in my area. Have a wonderful Christmas and thanks for all the help and advice you provide to countless people all year long!
Hi cap one closed both of my accounts due to a returned pAyment. The payment was returned because my bank account was compromised and my information was being used taking money from my checking account. I contacted the Bank local authorities and the FTC and I’m a victim of identity theft. My question is, can they close my account for situations beyond my control. I have all documents for proof of this issue what can I do to get my account bank in good standing? I’m never late and pay more then required when due.
Capital One should be working with you in this regard. You may end up having to ask them to reissue new cards with a different account number. Let me know how this turns out.
HI Michael
While I was at work last night, a man came to my home and tried to serve me papers for Capital One. He told my husband he couldn’t give them to him, so I assume he’s coming today. This is regarding a credit card I had when I was married to my ex-husband, and is in my previous name. The debt is 3000, which we do not have. My husband is in med school and I do not make much.
What should I do?
Can you raise half that amount? How long would it take?
In the past I ask capital one that I don’t own them money and leave me out. They said it was someone else’s using the card. They sorry and said will not bother me again. Now I have about five cards never been used and now said I owe them money. I want to sue them for sending me those cards and letters in my name my hard time talking to them for not listen. When I say I am deaf. They say yea I know. Why are they calling a deaf man and letters to me saying I am in hot water. We have to met and I will bring in all the lots of letters and cards.
Please help me put a stop so I can sleep.
Thanks William Nichols
It sounds like you may be dealing with identity theft. Check out that article and the next steps advised.
Hello, i got a court summons for 1200, they served the papers to my sister which weren’t in an envolpe so she read them, is there something i could do? Im really uspet due to the fact that they had them openly and didnt give me privacy at all… anyways i got them 3 days ago… a response would be appreciated…
That type of privacy from collection issues can be different than collection rules when making phone calls are mailing collection notices. You will want to connect with an experienced debt collection violation attorney in your state. I can email you some with the experience you need if you like?
I owe $1,429.31 to Capital One. Capital One has already charged it off. A relative of mine received a Process Server note 2 days ago that said I must call them by today. I filed bankruptcy 2 years ago due to divorce. I do own a piece of land with my ex-husband that is worth approximately $25k. I tried to call the Process Server today but apparently they were still at lunch. Would they be able to work out a settlement with me so this doesn’t go to court? Is there a way to stop this from going to court? I want to work out monthly payments with them if at all possible. What do you suggest?
Thank you in advance for your suggestions.
If it were me I would try to negotiate a lump sum pay off with the attorney Capital One sent the account to for collection. You can do that and prevent a judgment. Opting for a monthly payment plan, which is usually an option, typically means signing off on a consent or stipulation to judgment. Most of us would want to avoid that if we can. If not, it just is what it is.
Can you pull together, say half the balance, and quickly, in order to settle?
I might could pull off half. I guess I could offer that and see what they say? My only concern is……will they show I only paid off half for years to come?…..because I had read some things that indicated they are known for doing that?
Capital One has fixed credit reporting for the most part. Check out this page for more about settling a lawsuit. You will pick up a ton of info that will preapre you to make the phone calls.