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
Short answer
Once Capital One has sent the account to a law firm, you resolve it with that attorney debt collector, not with Capital One. A lump sum payoff is possible, and if you cannot reach an amount you can fund, the settlement can often be stretched over a few payments.
Key points on this page
- A Capital One debt placed with a law firm for collection means settling with the attorney debt collector.
- You can arrange a lump sum payoff, spread a settlement over a few payments, or set up monthly payments you can afford until the balance is paid off.
- Never commit to a payment plan you are not confident you can complete.
- Around 50 percent of the current balance is where Capital One settlements often land. Other accounts you hold may settle for less than Capital One.
- The state you live in matters. Florida has strong consumer protection laws that prevent wage garnishment, so if you cannot afford much right now, it may be better not to commit to anything until your situation stabilizes.
- Do not assume you will be sued on every Capital One account, or on any of the others.
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.
Hi, i had a capital one credit card and they closed my account with $900 of debt when i went to make a payment in august 2014. Im not sure who i talk to about setting up payments since i do not have money to pay it all off. I dont want lawyers knocking on my door. What can i do if i can do anything at all?
You can call Capital One directly to set up payments. If they do not have the account sold, or placed with third party for collection, you can set something up with them. Just be ready to get the name and number of who is collecting on it other than Capital One, and to then deal with the collector.
I was contacted by Capital One yesterday stating that my account has been placed with collections and will be turned over to an attorney in my state if I do not choose a settlement or payback option. I have had the account for 16 years…just became delinquent in December of 2014. I did not realize payments had not been made as my husband handles our finances. He states we did not receive a final notice or a letter…the first notice was this phone call. They are giving me until 2/11/15 (tomorrow) to respond. We do not have savings, nor do we have much in our checking account. My hubby has his own business and it has been slow of late. We do not own anything, house, cars, etc. The debt amount is $2100 and some change. I’m afraid they are going to garnish my wages if we cannot pay. Shouldn’t we have received a written notice giving options prior to it being sent to collection? I was upset yesterday and did not ask enough questions I guess, however, something feels weird about being sent straight to collections when less than 90 days delinquent and have been a solid customer for 16+ yrs.
That kind of collection activity is real unfortunately. But this kind of aggression is not common at 30 to 60 days late, even for Capital One.
Can you afford to pay something on this? What are your other credit card balances and interest rates?
Hello
I am working with an Elderly ma in Los Angeles who is 88 and was the victim of fraud on his capital one account. He had his care takers rack up $32,000 in debt, none of which he knew about. On December 24th, 2014 he received an abstract of judgement. Legal Recovery Law Office in San Diego, Andrew Runquist is the attorney handling the settlement on behalf of Capital One. They are claiming the balance with interest, fees etc is $41,523. They are adamant on only accepting 80% of this balance to settle the debt. The debtor has $10,000 to his name and his wife has advanced dementia. This is a sad situation. My question is, does 80% seem reasonable based on this situation? I have called the collector 5 times and they are adamant on this 80% no less. I mean, I have settled debts in the past for 10%-15% on the dollar. 80% seems ridiculous given the situation.
No amount seems reasonable to settle a 30k debt with Capital One that you did not even create.
Given the fraud situation, contact the following consumer law, and experienced debt collection defense attorney in the San Diego area:
Jeremy S. Golden, Esq.
Golden & Cardona-Loya, LLP
3130 Bonita Road, Suite 200B
Chula Vista, CA 91910
T: 619-476-0030; F: 775-743-0307
http://www.goldencardona.com
Jeremy generally offers a no cost initial consult in a situation like this, so take him up on that and explore the options. He may already have experience with Andrew Runquist suing other people in the area, which could be a plus.
Hi Michael,
I have a Capital One credit card and I HAD a Household Bank Credit card that was bought out by Capital One, maybe a year or so ago. I called them and requested the cards to be combined since I could not keep track of 2 Capital One cards. They denied my request. Since then, I could never locate the credit card. I attempted to call Capital One but they never had record of this second card. The debt is 1600.00 and was happy to pay but none of their reps could ever tell me where it was or how to pay. Today ( Saturday), a year later I got a Court Summons and due in court on Tuesday. I don’t have 1600.00 to pay off this week but can only agree to pay at Tax time in February. What should I do? Should I get an Attorney? Or call their Attorney from the court summons to set up a payment plan? I just want to avoid going to court.
I understand the desire to avoid court, but you may want to avoid a judgment showing up on your credit reports even more. By setting up some affordable payments with Capital One today, you would likely be consenting to a judgment.
If you know you will have some money to work with in a couple months, work with your own attorney to answer the complaint. That will buy you the time you need to come up with money you need to settle or pay this off (I prefer settling debts at this late stage of collection).
If you post a reply with the name of a larger city near you, I will email any collection defense attorneys I know of in the area. You can call one or more for a no cost initial consult and talk about your available strategies.
Hi Michael,
Today, my mom informed me that I just got served with paper work from Robert Scott Kennard on behalf of Capital One at her house which is located in Fresno. I’m currently located in Southern California. My question is what steps can I take. I want to call them up to offer a settlement but based on what I’ve read, it’s either a lump sum of 60% of 5600 that I owe which I currently don’t have or a repayment plan for the full amount. I don’t want for this to go to trial since it was filed in the Fresno Court House, I would have to commute 4 hours to appear.
Another question. On the paper that was served, it had a file date of 11/19. But I was not served the paper until today 12/9. California Law allows 40 days before a default judgement is rendered by the judge. Is that from the 12/9 or the 11/19 date.
Any help or info on a credible lawyer would be appreciated.
Regards
T
I sent you an email to an experienced consumer collection defense attorney. He works with people all over California on issues like this.
At a minimum, you can get this case dismissed for improper jurisdiction, as you do not live in the county they are suing you in. That will possibly allow you to work out something else in order to avoid being sued in the right California city/county. Talk all of that over with the attorney.
I am being sued by Capital One and have already went to court and its been a year since that. I owe 5088.00 and since there have been no payments made I now have to go to a deposition. I have called them to settle and they will lower to 3588.00 but I must pay 2800.00 up front and two payments for the rest. I can only afford to pay them 2800.00 and that it it. I only bring home 325.00 a week and my husband has been out of work since may so I am supporting me, my husband and five year old on that. They wont budge what can I do. Should I just go to the deposition or settle with what they are offering but I dont know how to come up with the other two payments.
You must go to the deposition. I would continue to try to get them to agree to what you have available and/or try to secure the money you know you will need to make the other payments.
But I would not make any payment toward a deal I was at all skeptical I could follow through on. A missed payment means you lose the deal, and the prior money could end up just being applied to the whole balance.
I received a summons from capital one as the plaintiff filed by Hammerman and Hultgren,P?c. For the amount of 1,915.57.
The account has charged off already, how come capital one is still the plaintiff?
Our last payment was sept 2013. We are on working visa and went home dec 2013 because of some issues in our papers. I just came back last week of March and received the summon last week Nov.7.
I’m planning to negotiate with them but can’t pay the whole amount at once. We are starting again and financially hard up since we are paying the lawyer for the processing of our green card and paying for the expenses incurred when we went home.
What Wil I do? Thank u so much. I’m in Arizona.
Capital One is listed as the plaintiff because they most likely still own the debt. They do not sell off all defaulted credit card debts, so this is not unusual.
It would be better if you were able to negotiate a single lump sum pay off with Capital One, as opposed to payments. But I understand that is not always possible.
Review these articles and comments for some additional things to know if you must set up payments:
https://consumerrecoverynetwork.com/question/can-you-negotiate-and-settle-a-credit-card-debt-if-you-are-being-sued/
https://consumerrecoverynetwork.com/question/can-you-settle-credit-card-judgements-like-other-debts-stressed/
I’m in urgent need of advice. I owe Cap 1 $17500 and have had to get assistance from others to keep up monthly minimum. I have had the card for 20+ years and have never been late or missed payment. Have had a substantial loss of income in the past 18 months and cannot continue to pay. Could Lise my job any day and I really need this taken care of ASAP! I am current but need to settle this debt (with assistance from family). I’m never going to get this paid with current interest rate over 21%. I feel so much guilt over this debt but I cannot keep asking for help from family. I must eliminate this debt. Also, I need to do this without paying income tax on the “forgiven” amount, if they will settle. Am I dreaming, or is this possible? Am I doomed? Thank you so much for your valuable advice. My next payment due is 11/25/14. Would love to get this worked out before that or get the wheels turning. I need hope. Thank you.
Settling your Capital One credit card debt for roughly 50% is feasible. Getting that deal negotiated conditioned with not reporting the forgiven debt to the IRS is not.
You will not be able to settle and pay in 2014. You are current with your payments to Capital One now, so will typically be looking at 5 to 6 months of missed payments before your earliest opportunity to settle. Read through the first stage debt negotiation section of the site in order to prepare yourself. Start here and then click through at the end of each article.
Thank you so much for getting back to me so fast. I have read the debt settlement “procedure” and think I understand how it works. My biggest fear is that Cap 1 will not wait 5-6 months time to settle. But will get an attorney and judgement after a couple of months due to the size of my debt and that’s my only credit card debt and their record with getting judgement and suing. I was hoping my situation was a bit different. I guess that blinded me to all your wonderful advice. Any suggestions are immensely appreciated.
Hello Michael,
Several years ago myself and my mom were victims of identity theft and received notices of default from major lending institutions for accounts opened in Atlanta, Georgia (we both live in California). Today, I am still feeling the raft of these bandits, I have received notice from a Capital One attorney (Hunt & Henriques) for $5300.00. I have requested and received the verification of debt (statement copies), in hopes of getting information on these hijackers (since not one agency will give me information as to where or who these people are). At the time of the incident police reports were filed with proper authorities, report numbers were received, credit bureaus, FTC, and every other agency notified. Can you suggest a way to get more information from this law office without being sued on a bogus debt?
Those statements you got in response to your debt validation request may be as good as it gets. What new information did the statements provide that you did not have already?
Did you let Hunt and Henriques know that this debt is the result of identity theft yet?
Hi,
I got a notice of intent to Sue in the mail on October 13 from the Moore Law Group. I didn’t respond, but today I saw on surveillance cameras that a guy, whom I am assuming is a process server, came up to my door. When he left he wrote down the license plate of a car in the driveway and went down to my mailbox and opened it up and looked inside. The amount of debt the letter stated as being owed is $8,524. I have 2 other cards I had to stop paying as well. Those were discover and a chase card. How do you think I should respond to this?
Thanks a lot
What are your goals with these accounts, starting with the one you are being sued for? How you respond will depend on what those are, and what your financial ability is to meet the collection challenges.
Who is the Moore Law group working for (name of plaintiff)?
The debt is for Capital One. I do not have the money to be able to pay for 50 plus percent of the debt. The accounts are already closed and I just want the debt to be gone. I have a Mortgage and student loan that I am still paying.
Thanks for your help!!
Unfortunately, things have reached a point where it is pretty clear the debt will not go away, at least not the Capital One account.
Once served, and if nothing done about the lawsuit, you will end up with a judgment. That judgment can lead to property lien, bank account levy, and wage garnishment (all depending on consumer protections in the state where you live). Any of which can impede your ability to pay the mortgage and student loans.
Your best alternative to make the debt with Capital One go away (and other debts besides house and student loans), is filing chapter 7 bankruptcy. Have you looked into the means testing and exemptions for chapter 7 in your state?
Yes I think I pass the means test, I am in CA. Should I let the process server serve me or try to file chapter 7 first? If I have $10,000 in equity over the $75,000 homestead exemption, which I’m not sure I do, how likely would it be that the trustee would try to sell my house to pay the creditors?
Thanks
The trustee has to figure in the cost of the sale (listing, Realtor fees, etc), were they to go that route, and that may be the buffer you need to keep your home if you have just a small amount of equity.
I would talk your situation over with a bankruptcy attorney in your area, and follow his/her advice about filing now, or after being served the Capital One lawsuit.
Ok. Will do. Thanks a lot for the help!
I have a card with Capital One that I was paying on great until my husband, a disabled Veteran became very sick. At the same time he was sick my teen age daughter started fighting depression and tried to commit suicide severeal times. Between taking my husband back and forth 6 1/2 hours to the VA hospital and my daughter in and out of the psych hospital we got behind on all of our bills. I did have the payment protection on my card at the time and used that until it was exhausted. I tried talking to the collection people and explaining my situation until one of them just became very rude. Now I am being sued. We have a family of 6 living on my husbands $1900 a month VA disability compensation while we wait for the VA to decide if they will increase it since he has not been able to work steadily for 5 years. I cannot hold a job as my husband cannot drive to his dr appts or take the kids to appts or anything and I have explained this. Can I contact the lawyer listed on the Summons I was served with or do I have to pay to file and answer with the clerk? I cannot afford anything right now but if the VA, who has had my husbands appeal for almost 3 years now does get him approved will owe us back pay we plan on paying all of these credit cards off. We were building our credit back up with these cards after having to file bankruptcy right after he got out of the service 9 years ago and now we are struggling to keep a roof over our kids heads. We are in NE and the Attorney is Aaron C Bourne in Omaha NE
I would like to make payments and we want to pay off all of our debt we just are not able to at this time because of our situation with my husband and daughters health.
What is the balance on the Capital One account that you have been sued for?
What are the totals of your other unsecured debts?
My capital one card I am being sued for is $3008.90. My husband and I have student loan debt totaling $45,000 and other credit card debt totaling about $2800 combined. We lived off of the credit cards for about a year while traveling from Western NE to Omaha NE for his appts at the VA hospital.
How much of the student loan debt is his?
I know you filed for bankruptcy protection before, but it may be a good idea to do so again. While student loans are difficult to discharge in bankruptcy, the possibility to do that is increased with a disability, and more so when considered permanent.
You can call the attorney suing for Capital One and talk about any type of payment options. But you can often expect him to require you to sign off on a consent or stipulation to judgment in these types of cases. Chapter 7 would prevent that too.
I would encourage you to talk to a bankruptcy attorney in your area, and one with student loan discharge experience. If those loans are not on the table, it would not make sense to file over just the Capital One account.
Oh we have other debt also, I also went through medical procedures for suspected cancer last year but I thought if we filed bankruptcy in 2008 or 2009 we would not be eligible for awhile?
I misunderstood your initial comment where you mentioned filing bankruptcy 9 years ago. You cannot file chapter 7 but every 8 years, so you would be okay to file again after 9 years.
Was your bankruptcy a chapter 13 or chapter 7, and what was the date of that?
HI CAN YOU PLEASE HELP ME. I HAVE A CREDIT CARD WITH CAPITAL ONE .I OWED 3,000.LAST 2 PAYMENTS WERE 1 MIN PAYMMENT $75.00 MAY 2013 AND $5.00 IN JUNE OF 2013. NOW THEY SAY ITS 3,900 WITH THE FEES MY HUSBAND WAS DIAGNOSED WITH STAGE 2 CANCER ON APRIL OF 2013. SO I HAD TO MAKE A DECISON . TO SURVIVE AND TO STOP PAYING THEM. I EXPLAINED IT CAPITAL ONE AND THEN TO ATTORNEYS OFFICE THEY KEPT CALLING AND IT WAS VERY STRESS FULL I WAS TAKING CARE OF HIM AND THE CALLSKEPT COMING WE HAVE ONLY ONE INCOME HE IS BACK TO WORK NOW AS OF JAN 2014 FULL TIME. TAKE HOME PAY MONTHLY IS 1,700 AND NOW I AM BEING SUIED COURT DATE NOV 2014 BY ZAKHEIM AND LAVARAR P.A. ATTORNEYS SO HE WENT THRU CHEMO FOR STARTED JUNE 2013 AND LASTED TIL JAN 2014. WE ARE TRYING TO MAKE ENDS MEET. ITS BEEN VERY HARD. I ALSO HAVE OTHER CARDS ONE CARD WITH HSBC THWT CAPITAL ONE TOOK OVER WAS 1,300. AND NOW UP TO 1,800 WITH LATE FEES. AND ALSOCARE CREDIT WAS 1,100 AND NOW WITH LATE FEES PROBABLY 1,700.. SO ATTORNY OFFICE KEEPS STILL CALLING AFTER HAVE BEEN SERVED AND I ASKED IF I CAN MAKE PAYMENT PLAN OF 50.00 A MONTH AND TO CUT IT DOWN TO 1,500 FROM ORIG AMT OF 3,000 AND SAID THEY CANT DO THAT. SO. SHOULD I CONTACT CAPITAL ONE . ATTORNEY SENT ME A PAPER ON 9/16/2014 SAYING I HAVE TO APPEAR IN COURT. AND THEN I WAS SERVED ABOUT 8 DAYS LATER ON 9/25/2014. WE LIVE IN FL. FOR 2 YEARS.ANDI ALSO LIKE TO MENTION I HAD THESE CREDIT CARDS BEFORE I WAS MARRIED AND I AM MARRIED FOR 14 YEARS. SO I HAD THESE CARDS FROM 1997 AND I HAVE HAD A EXCELLENT PAYMENT HISTORY WITH ALL OF MY CARDS UP INTIL MY HUSBAND HAS BEEN DIAGNOSED WITH CANCER IN 2013. AND HE WAS ONLY WORKING EVERY OTHER WEEK WHILE GETTING CHEMO MAYBE 3 DAYS OR 4 DAYS A WEEK . HAD TO BORROW MONEY FROM REALITIVES TO SURVIVE THRU THAT WHOLE TIME AND WE STILL OWE THEM. I AM WILLING TO PAY 50.00 A MONTH FOR THE CAP ONE BILL IF THEY CUT IT IN HALF. I AM SO STRESED OUT WHAT SHOULD WE DO . I CAN NOT AFFORD . I ANYTHING MORE PLEASE HELP US.I HAVE A LETTER FROM ONCOLOGISTS STATING HIS DIAGNOSED AND DATES OF PROOF. AND HE STIL IS UNDER HER CARE. BUT IS IN REMISSION THANK GOD. PLEASE LET ME KNOW IF I SHOULD PRESENT THIS TO JUDGE AND DO I STAND A CHANCE TO GET THE PAY MENT PLAN I SUGGESTED.
The problem is that they do not have to agree to what you can afford to pay. Capital One’s goal is to get that judgment. Once they get that, they will try to force payment in other ways. Once they exhaust those other collection efforts after the judgment, they may agree to small payments you can afford.
You can share your situation with the judge. It can help in some situations.
Is there anyway you can pull together the money to settle for, say 60-ish percent of what is owed?
Michael,
Thank you very much for your references, I will contact all of them. The thing is if I was aware of this chances are I would of tried to reach out to them before this went into judgment. Unbelievable that trying to pay off my bills and improving my financial standing would be a reason to make it more difficult for a settlement when historically these sort of account are only paid less than 20% of the time according to all the studies I’ve read on these matters in recent days.
But no way can I afford to pay 80 or 100% unless they willing to take monthly payments for the next 24+ months.
They are using the Law offices of Howard Lee Schiff, P.C.
Court judgments will skew that 20-ish percent figure.
Not only would you have been able to defend the suit had you known about it, you also may have been able to pull together the money needed to resolve the debt at the much lower balance back then.
Hi Michael,
I found out today from a letter from a non related attorney offering to represent me in a case filed in MD District Court by Capital 1. The debt is $1600. I had made payment arrangements with their lawyer/collection agency, but due to my husband being out of work, couldn’t keep up with them. I can pay at least half right now. I’ve called them and left a message but have not received a call back. If I make the payment, will they drop the lawsuit?
I doubt the attorney suing for Capital One is going to drop the suit for a half payment now, with a promise to pay more later. You have a better shot of highlighting personal financial hardships, and settling the whole thing for 50 to 60 percent (80% is common if they wont approve the better deals).
In other words, you could get the suit dismissed by negotiating a lower lump sum pay off, than by offering a large amount and a payment plan. That will just lead to their wanting you to sign a consent or stipulation to judgment.
Michael,
Thanks for you response. I am in Boston, Massachusetts, and no I was no aware of the lawsuit. It was sent in 2009 to the apartment where I lived when I first got the card in 2001, but then I had moved since 2004. However, I do now live at the same place back renting from a family friend who own the property since earlier this year. I am sure I can find my old lease to prove that I was not living there at that time.
I would like settle the matter it’s hard contemplating that even paying twice the original amount charge on the card might not be enough to do so.
In your experience do you feel I would have to pay the full $ 6K or close to it now to try settling this?
I think you have a shot of settling for half of the balance owed today. But if you look collectable to the attorney/Capital One (you are paying all bills on time as shown on your credit report, have no other unpaid collections), they may want to settle for a higher amount, or not at all.
I sent you a short list of consumer attorneys in Boston. All have experience defending against collections in the courts. Talk to all of them and find out if they have experience challenging old judgments that people never knew about. Not all attorneys will have that experience, and not all courts are going to be good targets for challenging judgments that are older than a year or so.
I would also recommend contacting NCLC (National Consumer Law Center) in Boston. They are the epitome of consumer advocates, and may be able to refer you to another local resource regarding vacating a judgment for sewer service, or similar consumer abuses.
Who was the collection law firm that Capital One used?
Hi Michael,
I have a similar issue like may on here. I defaulted on a capitalone card back in 05 after being out of work with a balance around $1,500. I paid a collecting agency they had contacted my $500 in 07. I was out of work again during the financial crisis. Fast forward to present I just found out that I have a judgment on my credit report from 09 from Capital One. According to their National Attorney network lawyer collecting agency i know owe them $6,109.96 and I was offered a settlement for half that amount.
However, I have no such fund to be able to settle this. The best I can do is $1,200 as a lump sum right now, or I could possibly pay $2,000 if they allow me to do a payment plan for the next 5/6 months.
The interesting is I have a new CapitalOne card once again, I had a credit card from another company that got acquired by Capone last year.
In your opinion do you think that the fact that I have a new card in good standing with them currently would help in finding a settlement? I am looking forward to here from you about any advice you might be able to share in my quest to settle this issue and get back to a better financial health .
Thank you,
Jay
Your current account with Capital One would not help to settle the older one that is now a judgment. The opposite really, depending on the transaction/use history of this newest account.
I do not see 1200 or 2k getting the deal done with Capital One. Not unless you have a sincere hardship. But lets look at another alternative. Were you ever served or made aware of a lawsuit being filed against you? What state do you live in?
Hi Michael,
I just want to ask what does Capital One Class TCPA Settlement mean? I just receive a postcard from Capital one that I am eligible about the settlement program but I don’t really understand what does it mean? Can you please help me?
Thanks,
Gerly
TCPA stands for the Telephone Consumer Protection Act. It is an easy law for creditors with collectors in house, and debt collection companies, to run afoul of.
Capital One must be settling the one brought against them, and you were identified as a potential class member. Agreeing to the settlement means you cannot bring a case of your own. And the settlement amount you would likely receive in one of these can often be measured in happy meals, so not any significant amount of money.
I got one of those postcards from them too. Filed a claim the same day I received it in thp mail. 20 to 40 dollars doesn’t seem like a whole lot, but i figured i’d participate anyway to get a little something out of it at least. Do you know if a final decision regarding the settlement has been made yet?
Because the postcards about eligibility have been sent, I think Capital One has made the settlement on the case. The claims process is another matter entirely. Were you given information about how to check on the status of your claim?
I haven’t been given any info on how to check its status yet.
I misspoke. The Capital One TCPA Settlement is still pending from what I could find. Click that link and it will take you to the dedicated site covering the settlement, and how to check on claims, change your information, etc.
I went on the website and it looks like a decision hasn’t been made yet either. They have a number but it was only for filing claims until the deadline back in November. Last document they posted was something from December 23rd. Final approval hearing was for January 15th. Haven’t heard anything from it as of right now. I’ll have to check the website everyday for updates. Thanks.
The letter was the first I received from them telling me that they are collecting on behalf of Cap One and I have 30 days if I want them to validate the debt.
Dan
Hi Michael,
I owe Cap One approxmately 12K and received a letter from the law firm of Bleir and Cox in California where I live. I know from reading these posts that I’m getting sued soon.
I’ve spoken to Cap One about settling and the best they have offered is $7,447 (60%), and really I can swing it but would hurt a little financially. I’m trying to get them to $6000 (50%) for a lump sum payment.
At this point, can I still contact Cap One or do I have to deal with the attorney? Any info about this law firm you may have?
Thanks,
Dan
I’m having a similar problem with Cap One. I owe approx. $400, but received a summons for a lawsuit of $1500. I sent a reply to the court and the law firm with a copy of my most recent bill and a letter stating I had been paying it and was trying to pay it off. They are still continuing the suit. Any recommendations?
Have you been sending in the required minimum payments all this time, or have you been sending in what you can afford, and maybe randomly?
Capital One will treat your account like any other in their collection pipeline when they do not get paid the correct amount.
Is Capital One the plaintiff on the lawsuit, or is there another company name listed?
Hi,
I’d like to buy specific judgements filed by Capital One Bank or Discover Bank.
The law firms which filed them do not sell them.
Who can I contact to get this done?
Thanks,
Do you mean to purchase judgment debts as an investor? You will want to get connected with others who do. I would start by connecting with the Debt Buyers Association. Attend a few conferences, including one put on by the DBA.