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Beating Capital One Lawsuit

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 Capital One that makes them vulnerable in court. This article outlines what these vulnerabilities are and what you can do to exploit them, and win your lawsuit with them.

  • Outdated Customer Agreement. Please be sure to check with your state rules to see if a copy of the customer agreement must be attached to the complaint. If it is required and it’s not attached, it gives you an opportunity to win your case. If the customer agreement is attached, then it’s important that the copyright on the attached agreement covers the years you incurred your debt. If not, you may be able to strike it, and leave Capital One with little ammunition to beat you in court.

  • Limited Statues of Limitations. This may be Capital One’s biggest vulnerability. Since Capital One’s agreement is covered by Virginia law, the creditor must abide by that state in regard to the statutes of limitation in enforcing outstanding debt. This means Capital One only has 3 years to collect based on an unsigned agreement.

Below is text taken verbatim from Capital One Customer Agreement:

Governing Law: “This Agreement is to be construed in accordance with and governed by the laws of the United States of America and by the internal laws of the Commonwealth of Virginia without giving effect to any choice of law rule that would cause this application of the laws of any jurisdiction other than the laws of the United States of America or the internal laws of the Commonwealth of Virginia to the rights and duties of the parties. This agreement is made in Virginia. It will be governed only by Federal Law, and Virginia law (to the extent permitted by Federal Law).

Below is the Civil code covering debt collection in the state of Virginia.

Virginia Code:

§ 8.01-246. Personal actions based on contracts.

1. In actions or upon a recognizance, except recognizance of bail in a civil suit, within 10 years; and in actions or motions upon a recognizance of bail in a civil suit, within three years, omitting from the computation of such three years such time as the right to sue out such execution shall have been suspended by injunction, supersedeas or other process;

2. In actions on any contract which is not otherwise specified and which is in writing and signed by the party to be charged thereby, or by his agent, within five years whether such writing be under seal or not;

3. In actions by a partner against another for settlement of the partnership account or in actions upon accounts concerning the trade of merchandise between merchant and merchant, their factors, or servants, within five years from the cessation of the dealings in which they are interested together

4. In actions upon any unwritten contract, express or implied, within three years.

§ 8.01-248. Personal actions for which no other limitation is specified.

Every personal action accruing on or after July 1, 1995, for which no limitation is otherwise prescribed, shall be brought within two years after the right to bring such action has accrued.

How I beat Capital One in court

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