What to Do if Sued by Capital One for Credit Card Debt

If you get sued by Capital One for credit card debt, our North Texas debt defense lawyers understand the stress and uncertainty you may be feeling. You may wonder if it is even possible to beat a Capital One lawsuit and whether it is worth trying. At Warren & Migliaccio, we have considerable success defending individuals against large creditors and debt buyers. 

We cannot emphasize enough that you may have multiple options available to resolve the Capital One lawsuit against you. However, ignoring the lawsuit hurts your options. We are happy to answer your legal questions and review your situation during a consultation. Below, we discuss what you can do if Capital One is suing you and how we can help. 

Does Capital One Sue for Credit Card Debt?

Capital One is one of the United States’ largest commercial banks and credit card issuers. Unlike many other big credit card issuers, Capital One is known to utilize debt collection laws to pursue legal action for delinquent credit card debt.  Rather than sell its outstanding debt to a debt buyer, Capital One may use litigation to try to recover the debt from card owners. Therefore, if Capital One is suing you, it may be due to defaulted credit card debt.

Capital One uses numerous law firms to handle its credit card lawsuits in Texas. It is common to receive a lawsuit notice from Capital One’s lawyer rather than from Capital One. For example, law firms it commonly uses include, but are not limited to:

• Moss Law Firm, P.C.
• Scott & Associates, P.C.

Capital One Is Suing Me. What Can I Do? 

If you received a letter saying Capital One is suing you, you should respond to the lawsuit to protect yourself from a default judgment or a court order that favors Capital One. In Texas, the time you have to file your answer with the court depends on the court handling your case. However, it may be as little as 14 days, so it is essential to act quickly. A debt defense lawyer can ensure you file a thorough answer to Capital One’s lawsuit within the allotted time frame.

Failing to respond to the lawsuit could result in a default judgment or an easy win for Capital One. If Capital One gets a default judgment against you, it may be legally entitled to recover the money. It may try to get the money from you in one or more of the following ways:

• Freezing and garnishing your bank accounts
• Putting a lien on your property
• Seizing your property 

What to Expect When You Work With Our North Texas Debt Defense Attorneys

At Warren & Migliaccio, we understand the stress and concern you may feel dealing with a credit card debt lawsuit. We help clients facing difficult financial situations and looking for effective resolutions to their cases. 

If you are being sued over Capital One credit card debt, you may have more legal options than you think. Our North Texas debt resolution attorneys have significant success representing Texans who have been sued by creditors and debt collectors for debt collection. We encourage you to schedule a confidential consultation to discuss your unique situation. During a consultation, we can review your case and help you understand your best legal options.

We Will Handle Your Debt Collection Defense Case to Resolution

Once you hire Warren & Migliaccio, we will represent and defend you against Capital One’s claims. Right away, you can expect that we will: 

• Draft and file an answer to the lawsuit. We will begin protecting you against a default judgment by preparing and filing a response to the lawsuit with the court. This response addresses each of Capital One’s claims and asserts any appropriate legal defenses. It also places the burden of proof back on Capital One to prove that you owe the debt it alleges. 
• Investigate the validity of Capital One’s claims. You can count on our attorneys to investigate the strength of Capital One’s lawsuit. In many cases, debt collection lawsuits have weaknesses due to an expired statute of limitations (old debt), lack of evidence, or inaccurate allegations. We will review the lawsuit and determine its validity. We will also gather evidence that strengthens your defense. 

Our North Texas debt defense lawyers will be by your side until we help you resolve your case. Every case is different, and the resolution of your case may depend on many factors surrounding your case. Potential solutions to your case may include:

• Case dismissal. If we determine major flaws in Capital One’s case, we may request a case dismissal from the court. 
• Defending the lawsuit. You may have strong legal defenses against Capital One’s lawsuit. We can build a strong defense for you to fight for you and your best interests in court. 
• Negotiating a settlement. Credit card issuers like Capital One may be more inclined to negotiate a settlement outside of court. A debt settlement is advantageous to a creditor because it avoids the costs and resources of litigation. Depending on the specifics of your case, we may be able to negotiate a fair settlement with Capital One, potentially through a small claim proceeding, for an amount less than the alleged debt.. Additionally, we may be able to negotiate favorable payment solutions that work for your financial situation.
• Exploring alternative debt resolution. At Warren & Migliaccio, we handle many cases beyond debt defense. We also have extensive experience in debt resolution cases, such as bankruptcy. If you believe the alleged debt is too much to handle, we can help you explore alternative debt relief options.

Discuss Your Capital One Lawsuit Options With Our North Texas Debt Defense Lawyers

Have you received a lawsuit notice from Capital One for credit card debt? You may have more legal options available to you than you think to fight it or resolve it. However, the longer you wait, the fewer options you may have. We recommend reaching out to an experienced debt resolution attorney as soon as possible. 

At Warren & Migliaccio, we are happy to review the case against you and help you understand your best options to resolve it during a confidential consultation. We have extensive experience handling debt collection defense cases for our clients against debt collectors, including this debt collector: Capital One Bank. Fill out our online contact form or call our office to request a consultation to discuss your unique situation today.