How to Win a Lawsuit Against Capital One

Capital One is one of the top ten largest banks in the US offering a diverse range of products and services including loans, mortgages, personal banking, credit cards and investments. In the 1990s they led the way in the extensive promotion of credit cards for the everyday consumer and as a result they have become a familiar name amongst those searching for competitive rates and deals.

However, over recent years a large measure of controversy has accompanied their popularity. With many more families using credit for their purchases, along with the economic downturn and subsequent hardships, many have found it difficult to continue payments and have defaulted. As we know, with any contract, defaulting on payments comes with consequences and Capital One do not hold back when it comes to collecting what they feel is owed to them.

Their tactics, though, have become notorious and in the past few years they have accrued more complaints against them than any other bank or credit card company. They appear to be the bullies of the industry, hiding behind third party collection agencies and virtual banking systems that mean that you never come into contact with a sympathetic pair of human eyes, but you are pressured by the shadow of a formidable giant.


Winning is a real possibility

On receiving a summons and complaint from Capital One regarding credit card debt, the natural reaction is panic. The thought of going up against a huge, international corporation is incredibly overwhelming and with hiring an attorney being unfeasible for many, the lawsuit appears to be futile.

At this point, many decide that the simplest choice is to admit defeat right from the start. This is what Capital One want. Their bullying tactics and pressurising ploys are intended to make you feel that there is no point fighting. Once you give up, Capital One are able to walk all over you and collect not only the debt amount but extortionate interest and fees.

This is completely unnecessary. By working hard, doing your research and following guidance from those who have already been successful, you have every possibility of winning your case against Capital One.

The Defendant’s Package has been put together by consumers who have fought and won their cases. It contains tried and tested methods and advice and is highly recommended for consumers who intend to defend themselves.


Admit Nothing

One reason why many consumers believe that fighting a case against Capital One is because they are well aware that they do own the alleged debt and concede that it has now finally caught up with them. Even so, it is vital for you as the defendant to realise that it is not up to you to provide the court with proof that you own the debt.

Essentially, the plaintiff has the burden of proof and, when pressed, needs to provide evidence of every single claim made in the complaint. Of course, if you admit the debt, fail to respond to the summons or simply don’t ask for proof, the plaintiff can get away with unfounded allegations and win a case pretty easily.

It’s important to stand up and show your teeth right from the beginning. It is very unlikely Capital One has enclosed any kind of evidence with the summons and complaint. Is there a copy of a contract that you originally signed? Was an affidavit of debt attached to the complaint?

Due to the large volume of paperwork that comes from each account, a lot of the documentation is condensed into digital spreadsheets. As a result, Capital One have difficulty supplying copies of any original documents.

If they have failed to provide any evidence with the summons and complaint, you can legitimately claim a lack of sufficient information in your answer and force them to come up with some proof, if they can. (Check out the Defendant’s Package for help with filing your answer using the correct terminologies).

If no accurate, original documentation is presented at any point in the lawsuit, all allegations made are classed as hearsay and will not hold up in court. It may not even get that far if you manage to have the case dismissed during any of the pre-trial phases.


Too Old to Sue

The statute of limitations is a given deadline for filing a lawsuit. Lawsuits regarding contracts, oral and written, must be filed within a set period of time. Once that time has elapsed and the deadline passed, a lawsuit cannot be filed for that particular contract.

However, this certainly does not stop Capital One from conveniently ignoring it because as most people are unaware of its existence or significance and a large majority fail to even try and fight their case, Capital one can continue to win default judgment after default judgment and collect on old debt.

It’s up to you to do your research and check the statute of limitations on your contract. Go to your local courthouse or look them up online and find out what the statute of limitations is where you live. It can range from 3 years to 15 and so your chances of success vary dramatically depending on where you live.

By far the majority of cases won against Capital One have been due to an expired statute of limitations so this is a key element in your case.


Virginia Law

Even if, according to your State’s statute of limitations, your debt is valid and able to be sued on, it’s noteworthy to be aware of Capital One’s own terms and conditions. They state that their terms are governed by Virginia Law and this fact has actually been used successfully against Capital One.

Some have been able to use Virginia’s Statute of Limitations, which is fairly low compared to other states, and prove that even though the defendant lives in another state, according to Capital One’s own contract, a different law can be applied.

For more information and help regarding your Capital One lawsuit, check out The Defendant’s Package.



Tags: , , ,