“Applicable Law; Severability; Assignment. No matter where you live, this agreement and your account are governed by Federal Law and by Virginia law.” Actions Barred by the Statute of Limitations The Supreme Court of Virginia recognizes that an open account is distinct from a contract by providing a choice of an open account or a […]
Being sued by your original creditor can be extremely intimidating. As they are usually a big national or even international company, you assume they will be able to wipe the floor with you in court. However, this may not be the case; they may not have the necessary documentation to prove the debt. Capital One […]
Everyone is talking about being sued by Capital One. If you are planning on using the statue of limitations defense, I highly recommend hiring an NACA (National Association of Consumer Advocates) attorney as it can get sticky. There are some interesting stories about Capital One and their cases. For instance, there are three cases where […]
This is the complaint that was attached to the summons for the Capital One lawsuit that I beat. How I beat Capital One in court
If you have received a summons from Capital One regarding a default on credit card debt, please be assured that you are not alone. Capital One is one of the most aggressive creditors in the country in regard to suing its former customers over outstanding debt. Fortunately, however, there are a few things unique to […]
Being sued by the original creditor can be kind of scary and intimidating. This is usually because consumers believe that the original creditor, especially if it’s a large company or bank, will have all of the documentation and paperwork that are sure to get you pinned and wipe out any case you may have. Based […]