Original creditor
You are being sued by Capital One
Capital One issues its own credit cards and also sues on accounts it kept rather than sold. When the lender that opened the account sues, ownership is usually not the weak point. What matters is whether the amount can be itemized, whether the lawsuit was filed inside your state's time limit, whether the agreement has an arbitration clause, whether you were served correctly, and what a settlement would look like.
What they usually can produce: Monthly statements and a cardholder agreement, filed as exhibits with the complaint.
Also appears as: Capital One Bank (USA), N.A., Capital One Services
The deadline is the only thing that is urgent today
Your summons states how many days you have to file a written response, generally 14 to 35 days from the date you were served. If that date passes without a filing, Capital One can ask the clerk for a default judgment and win without producing any document at all. Everything else can wait until after your Answer is filed.
Where their paperwork usually falls short
- A clear itemization separating principal from interest and fees added after charge-off
- The agreement version in effect on the day the account was opened
- A complete statement history rather than a final balance figure
Defenses commonly raised in these cases
- Amount claimed is unverified
- Statute of limitations
- Arbitration clause in the original agreement
- Improper service
- Account was paid, settled, or discharged
Raise the defenses that match your facts. The toolkit explains each one and when it applies before you select it.
Who usually files these cases
A local collection law firm hired by the bank. The name of the law firm on your papers is not the plaintiff. The plaintiff is the company listed in the caption, and it is the plaintiff that has to prove ownership of your account.
Your next four steps
- 1Write the date you were served on the first page and calculate your deadline.
- 2File a written Answer with the clerk of the court named on the summons, and mail a copy to the plaintiff's attorney with a certificate of service.
- 3Serve discovery asking Capital One for the signed or electronically accepted agreement and a complete statement history that itemizes the balance.
- 4Calendar the response deadline and keep copies of everything you send and receive.
Sued by someone else?
Educational information and document preparation only. Make Them Prove It is not a law firm and does not give legal advice. Rules and deadlines differ by state and by court, so confirm them with your court clerk or a licensed attorney in your state.