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 Michael,
Capital One has had a judgement against me since 2011 for $9099.00 and put a lien against me. They are now having me come in for a deposition on July 15th. The last time I provided them financial information I was working temp jobs. I now have a permanent job and my fear is having my wages garnished. I make $34k and although I’m very frugal a garnishment would barely allow me to live once all other bills are paid. I have a 17 year old car and had hoped to try to get a newer one within a year but need to deal with Capital One. Bankruptcy would not really make the most sense but I am looking into it. Would you suggest trying to negotiate a settlement with them? The attorney’s are Pollack & Rosen, if you have any familiarity with them. Thank you for any advice or guidance you can provide.
You may be exempt from garnishment, or perhaps partially. If you can establish an exemption Pollack and Rosen may be more flexible in negotiating a lump sum payoff with you.
How long until you can raise 50% of what you owe today?
Hi Michael:
I recently got used by fraudsters that resulted in me having $20K on my Cap credit card. I do not have the means to pay the entire amount. Last payment date was in February 2016. I used to be on top of my credit until this happened. I have other debts that I am dealing with 8K in student loans and about 2K on another credit card. Capital One has been calling almost everyday but since I dont have any solutions to offer, I refuse to answer. What do I do? Do I wait till its time to ask for a settlement? How much will Capital One be willing to allow me to settle for? Thanks very much.
There may be credit card fraud angles to pursue as part of the negotiations with Capital One.
Call me at 800-939-8357, ext 2, and I will dig into more details and be better able to offer feedback.
Hello,
I have two accounts with Capital One for which the last payments were made between October-November, 2015. One account totals approximately $3,500 and the other $2,500. My husband also has two Capital One accounts, totaling about $2,500 each and with the last payments being made in October 2015 as well. All four accounts have been, or are very close to being charged off. For one of my husband’s accounts, it has been placed with Alliance One. For my account with the $3,500 balance, I have received a phone call and letter this week from Capital One Services, LLC Recoveries Department to try to set up something.
All of our credit cards are either past due or charged off in the last 6 months due to late payments and totals about $17,000 (other banks include Merrick, Barclay’s, and Amazon). We do have two other store cards which are current. We both have a lot of student loan debt which is current, but I am looking at a TPD discharge due to disability; we just have to weigh the tax consequences. We received a chapter 7 discharge in 2012 and are not interested in filing another bankruptcy (I know we do not qualify for Chapter 7 again for a few years anyway, but do not want to file Chapter 13 either). What we would like to do is restart monthly payments again and avoid a lawsuit since our financial situation has stabilized.
My question is, will Capital One allow us to go back on a monthly payment plan for the cards that have not been assigned to a third party? Second, can you recommend a debt management/negotiation attorney in Pennsylvania (Philadelphia metro region) that will help us in negotiating the debts for monthly payments? We do not have disposable income for lump sums at this time.
Thank you.
You typically cannot start making normal monthly payments to Capital One after they charge off the debt. They may not allow you to structure the affordable payments you need when accounts are with a collection agency, but may when you are still working with the Capital One Recovery Department.
I encourage people to settle debts for less than the balance owed once the accounts go unpaid as long as yours have. Your credit will typically stay damaged for longer if you may long term monthly payments on charged off accounts, where settling will allow you to bounce back years quicker.
Can you raise money to settle the debts with Capital One and Alliance One? If you could only do 2 accounts, you may want to choose the person who has the best shot of bouncing back (credit wise) the quickest.
You do not need an attorney to help you set up monthly payments. There are some great consumer law attorneys in Philadelphia, and I will email you some contact details, but they are going to be helpful if collection escalate to the courts, which you are trying to avoid.
I’m so glad that I came across your page! My husband received a civil complaint from Capital One for $2383.97. The Law offices of Hayt, Hayt, & Landau are representing Capital One. The court date is July 7th. I’m beside myself trying to figure out the best option for our family. We are paycheck to paycheck. We are behind on all bills. We don’t receive a tax refund because the government takes it from school loans. His wages are already being garnished for the same school loans. We have a large amount of credit card debt, medical debt, school debt….you make it, we have a debt to it. We pick and choose which bills to pay every month by which has the shut off notice. We can just never make ends meet. We have tossed around the idea of bankruptcy but are afraid of the affects on us purchasing a home in the future. What are your thoughts? I’m terrified of having our account frozen because of this lawsuit. We need a light at the end of the tunnel. We are located in Northeastern PA. Thank you for your time!
You are not going to be able to get a home loan with an unpaid judgment either (or even unpaid collection accounts).
Watch my video about the pros and cons of bankruptcy. Talk to a bankruptcy attorney about chapter 7. You may be able to accomplish your home ownership goals quicker and more affordably after filing bankruptcy, rather than struggling to avoid it.
Thank you so much for your insight! Is there anyone that you would recommend in our area to start taking action? We live in Weatherly, PA…about 30 minutes from the wilkesbarre/Scranton area.
Check out my article about how to find your bankruptcy attorney. There are resources to help you in the article.
I think I will consider doing just that Much appreciated.
On a side note I realize many people’s situations on here are much worse than mine and I have to commend you Michael for the information and community resource that allows people to feel a little less stressed when dealing with debt. Great work!
Appreciated!
Hello, i am being sued by a lawyer collecting for Capital One. I previously lived in Michigan when I used the card, however I have lived in Chicago for 2 years. I think they will attempt to serve my patents home where I lived. Would I have a valid defense for lack of personal jurisdiction? I realize Capital One could just sue me in Chicago but as to the MI law suit could you offer any direction? Thanks. Email works best if possible. Thanks again.
You will have a defense based on living in a different state. You are right to assume they will sue you in Chicago. Do you want to prevent that?
Yes. The amount is around $1100.00. The irony is that I do have a valid defense as I am fairly certain I know a family member opened the card under my name. No payments were made on the card and the I never received an email pertaining to the card. That family member now lives in Pakistan and also stile money from our household. I called Jeff Weber at Weber Oclese the debt lawfirm collecting for cap one in the hopes of paying 600 or less. I have not heard back. Any thoughts? Thanks.
I think you have a good shot of settling for half. But I wonder if you should? You could file a police report and start the ID theft process at http://www.idtheft.gov and likely get this put behind you and off your credit report too.
You would be throwing a family member under the bus, but not really… if they are out of country.
I would be proactive in reaching out to them and communicate the ID theft and the not ins state issue. No need to be anything other than upfront given the situation and your current goal.
Thanks for the suggestion, michael. i would like to resolve this matter quickly too. I know for some, 1200 aint much for them, but it is for me especially im living in a 3rd world country at the moment. But, wouldnt paying it off right away be easier instead of going to all the trouble to file complaints and such?
Thank you again.
You would think, but sometimes you get where your going in better shape by taking a detour.
You could start off with good faith negotiations if you like. I prefer that as well. But I would definitely have a problem with being sued while out of the country.
Hello. The firm that handled the case is blitt & gaines pc.. What would you suggest i do? I can pay the whole amount but it would take sometime to raise.
Thank you.
I am going to suggest you file a debt collection complaint against Blitt and Gaines with the CFPB. If you have a shot at getting a better outcome, or the judgment that they say they served you for when you were out of country, it would be by getting in touch with the law firm through a federal agency that takes debt collection seriously. Read that article about filing the complaint. Follow through with a detailed complaint with the CFPB where you outline all of the time lines, and finding out about all of this years later.
Let me know what happens with that.
$1274.34
Its in illinois back in oct-nov 2009. I was already in asia August 2009.
TIA.
It can be tough to try to unring the judgment bell this many years later, even when sued while out of the country. I know of a few states where it is worth the effort to try, but Illinois is not one of them. And the cost for trying on a smaller debt like this can be prohibitive.
One more question and I can make some suggestions. Who is the debt collection law firm that handled the case back then, and who has it now if different (and if you know)?
Hi Michael.
I have already have an ex parte judgement from capone last 2009 amounting to 1270.34. I was only aware of this judgement this week. I Have been living in asia since 2009 too. . Been unemployed for a couple of years and now is just when things are starting to pick up. I would like to settle that debt. So contacting the law firm after all these years would be the way to go? Would they still settle for a certain amount? Times are tough here especially when Im not earning in US$.
Thanks in advance.
How much is the judgment for? What state is it in?
Hello, Michael.
I have been sued by Capital One for a debt of $1660 for unpaid credit card. The suit is being represented by Blatt, Hasenmiller, Leibsker, & Mooore (attorney for plaintiff). I currently am in a situation where I have very meager income (Child Support under $300/mo) and I am Stay at Home Mom that is about to be swallowing in Student Loan debt as well. I own a home in my name only and although my husband is currently employed, he does not earn high wages. (Note: we do not have joint bank accounts and his name is Not on the mortgage). I have other debts that have gone unpaid due to lack of employment, medical issues last year with my daughter, issues w/my child who has special needs which have not allowed me to work outside of the home.
Here is the deal. I have received help from my Mom recently on my mortgage and we are barely staying afloat. Total credit card debt is truly under 10k and I don’t ideally want to file bankruptcy at this time because I don’t want to lose my home. I also don’t want a lien placed on my home.
Because I am scheduled to appear in court next week, would it be wise to contact the Plaintiff attorney today and talk to them about settling the case. I don’t have a lot to pay at this time, but could likely work out $100/mo. We are filing taxes late, so I hope to receive income from that which also can help pay the debt. AND when I go to court, what should I state in relation to wanting to settle this case w/o a judgement on my credit report?
You can often set up monthly payments when being sued. Call the collection law firm and talk to them about your options for that. There are reasons to avoid the monthly payments if you can. Read my post about settling when sued for more about what a consent or stipulation to judgment means for you.
Im getting sued by Capital One, for $2000, im in illinois. All they have so far is a signed affidavit saying i owe the amount. No other exhibits or proof attached to the claim. If i file to defend and contest the suit and it goes to trial, will the affiant have to fly in from virginia and testify? Would it be worth capitalone to do that. Will law firm be more likely to settle for less?
The collection attorney is willing to settle for less, but it will be a matter of how low you can get them to go.
As far as Capital One having a witness show up, yes, they do that. Last I knew, Capital One would schedule many of their cases for same day, so that the witness could handle a bunch of them all at once. This was in Cook county.
Is a signed affidavit enough to get a judgement against me, even if affiant testifies? I noticed on the affidavit there is no account number, it shows XXXXXXXX, ect. Also it does not show any time lines, when account was opened, closed, defaulted on, no statements, or explanation of how amount was calculated or accrued. To me this a weak burden of proof, what do you think? Do you think capitalone has more documentation that hasnt beed presented or submitted on the complaint? What is the likelihood capitalone has more documentation to prove their case against me? Im debating whether to file an appearance or just try to settle. If i file an apperarance do you think i will get a more favorable settlement offer? I dont want to throw away good money if i dont have to, but i dont want to roll over either. Im just wondering how far capitalone will go to pursue this lawsuit, to the end? If it goes to trial can they get an easy summary judgement against me. What do you think is best way forward? Thank you Mike for listening
Capital One has all access to all documentation to prove their case.
I do generally see settlements work out better when negotiating once a solid defense is engaged. I encourage you to use an experienced debt collection defense attorney to help you if it makes financial sense, or you are not up to managing the process.
Capital One does often pursue these cases to trial. Whether or not they get an easy summary judgment can depend on how you defend the suit. It is one of the reasons why I suggest using an attorney. It can help to survive summary judgment.
If you can afford it, I would file the answer and work toward a settlement with Capital One.
Michael.
I live in Ohio. I currently looked up my information to inquire information about my credit and saw that Capital One is suing me in franklin county courts. The date of the documents was March 29,2016 but I have not been served yet. The court information states that bailiff services were issued on April 8, 2016, but the address on the court documents are not correct so I am not sure how much time this can buy me, but hopefully a little. My credit report shows the balance is about 2,900 but I am sure it will be higher once interest and court cost are added in. The website doesn’t show me who the agency is but tells me information about the attorney. The following is what I gathered off the internet GRUCA, TERRI P Party Type: PLAINTIFF – PRIMARY ATTORNEY
Address: PO BOX 5016 City/St/Zip: ROCHESTER HILLS, MI 48308 .
I am wondering with your experience how much time I may have to come u with a settlement amount of money. Also was wondering about how much it would cost to possibly settle in your opinion. I also have not paid anything to the company since September 2014 when I lost my job. I am currently working but barely make ends meet with being a single parent to 2 children. I also was wondering how an attorney in a different state will be included in a case filed in the state that I live in.
It is Capital One suing, so 50% is optimistic while still realistic.
The attorney for Capital One, if in a neighboring state, has or will have someone with an in state law license pursue collection.
My wife is being sued in PA civil court by Capital One for around $5000. I spoke to a local consumer attorney and he said that he thinks he could get a decision in our favor (based on his opinion of the filing attorney’s lack of detail or Capital One not having the required documentation needed). Problem is that we really can’t afford to hire an attorney.
We are debating wether to just not appear and let a default judgement in their favor.
As far as I know (in PA) – they can not garnish her wages or garnish our joint bank accounts. No real savings, just money in and out every month anyways. Our home/mortgage is in my name only. Her paid-off car is in both our names.
Would appreciate your thoughts on this.
Thank you
I would try to avoid the judgment if at all possible. It may not be something they can enforce right now, and they may not even try, but it does not go anywhere, and grows with interest.
Assume you could settle for 2500. How long would it take to pull that amount together?
It would be a long time to be able to do anything near that amount.
The $600 attorney fee would be a stretch as well, but could be worth it if we get a ruling in our favor.
But I guess that outcome is a gamble as well.
How many of these types of cases does the attorney you consult with handle in a year? What state are you in? Those answers would help me form a better opinion about how much of a gamble it is to defend.
We are in PA.
The attorney I spoke to is from a local debt relief law firm. I don’t know their actual history/experience. We received a handful of solicitations in the mail following the suit filing. They were the only actual law firm and local. Not a debt resolution company.
He knew of the firm that is representing Capital One (Michael Ratchford from Scranton, PA) and his opinion of them was not flattering. He said that he wouldn’t expect that firm to be properly prepared as far as the required documentation.
If you can avoid a judgment on your credit report (that you would have to resolve at some point in the future anyway – and at a higher cost), I am for defending against Capital One. Your attorney could end up getting the dismissal, or end up getting a really affordable lump sum settlement later on that would prevent the judgment entry too.
If you like I can email you a list of attorneys in PA that I know have the experience you need. Your guy may even be in the list.
Thank you for the info.
I would like to have that list.
Thanks again.
I’m in a similar situation and would also love a copy of that list please. Thanks
You can use the drop down menus here: https://www.consumeradvocates.org/find-an-attorney
I received a notice from an attorney in my state of California that wants to represent me in court. I had no idea what he was talking about. So i looked up my name and last name on my local superior courts website and sure enough capital one filed a lawsuit against me 15 days ago. I was never served or notified of this. I’m wondering what I should do? I was thinking of going to my local superior court tomorrow and get all the information I can on my case and show up to court on the day its assigned (no court date yet assigned) and tell the judge that i was never served. Plus i’m wondering what edge i should use in court. I’m currently on permanent state disability, don’t own any property or anything of value so settling the debt isn’t feasible for me. Plus it’s against federal law to seize my disability income. Any advice you can give would greatly help!!
They have not served you yet, but they have all kinds of time to do that. You do not have anything to work with in this regard. You also will not have anything to work with if you go to court and share how uncollectable you are. The judge may/may not sympathize, but will likely enter the judgment against you if that is all there is to it.
Your disability is protected, but a judgment will last a long time, and typically grow with interest. Will you always be uncollectable? How much is the balance you are being sued for?
Hello
I ran a credit report on myself to make sure everything looks good, since I have spent the last few years working on my credit. I noticed a judgement from Capital One from 2009. I was under the impression that anything I had outstanding was paid, I wanted to just settle this, according to credit report it says 1700 which is probably more by now. I contacted Capital One and they transferred me to the debt collector they are using and then they transferred me to the attorney. I have called the attorney several times as well as used website to send corresp. via email. I have not received a response. Is there anything I can do? I just want to pay this and satisfy this debt
Who is the collection law firm you are dealing with?
Forster and Garbus
I would call the main number for Foster and Garbus and work through this with any of the debt collectors there that can help you.
Thank you. I think that is going to be my only option, thanks!
Capitalone received a judgement on to accounts one for 1.500 and 6000 I fought them for six years because I isn’t open these accounts but someone did because they had agreement and a signature. I am on ssi disability and they are still sending letters from their attorneys Hanna and associate. Hanna and assoc transferred this judgement to a different attorney in the firm. Phone calls and harrassment are many and sometimes I feel like going to work and just pay for something I don’t owe. But ,when I trie to work I fall flat in the hospital every time .ive tried seven times to irk and landed in the hospital seven times. They will not let up. What should I do?
Did you file a police report about identity theft regarding the Capital One accounts?
Hello,
My husband is being sued by Capital One for $1671 in Florida. He has not been summoned yet, but we found out due to the numerous letters from debt attorneys/mediators we received. We then easily found the case online. There has been no payment made since Nov 2014.
We do not have 50+% of the debt to offer as a lump sum, as my work hours have been severely reduced, we have no savings and nobody to borrow from. It would take us close to a year to save that amount. A payment plan would be my husband’s most feasible option.
What is the best course of action in this case?
If he is prepared to call the law firm Capital One is using to collect, he can call and work out a payment arrangement. Just know that they will often want him to sign off on a consent or stipulation to judgement.
If I do defend it to try and buy time to gather a lump sum, would I have to be going back and forth to court? That is a concern since I’m being sued in IL and will be living in NC.
My family members are all low income and would not be able to help. I have already asked.
I have not been able to work because of anxiety issues related to my 6 month old daughter. I have tried leaving her with family or friends but each time she would get sick or something would happen to her while I am gone. I developed anxiety about not being around her.
Do you think if I call the lawyer working for co I can settle for a smaller amount that I can make payments on?
By settling the judgment later do you mean filing an appearance and waiting to see what the court settlement will be?
I feel completely ignorant on this issue.
Thank you for helping. It is very much appreciated.
There are instances that could require you to be present in court, but there are also exceptions granted for telephonic appearances. The several months you could potentially gain at the beginning of this are not hard to handle from out of state. Working with your own attorney would be ideal, but that has its own cost, and one you cannot afford from what you shared.
By settling later, I meant when you have 50% or more of what they are suing for to offer as a lump sum settlement.
You can call and set up payments with the attorney, but that can often mean paying the full balance back, and not saving much, if anything.
Check out my page about settling judgment debt. It is very common to let things go to judgment when there is nothing else you can do, and then circle back and settle that later. Be careful not to have your name on your bank account with your husband until the judgment is resolved (were that to happen).