Has a lawsuit been filed against you by Capital One Bank? Fortunately, you have found this website and you have found a Consumer Attorney who is willing to help assist you if your claim is in Pennsylvania.
As you know, Capital One is a major credit card issuer in the United States. They are actually one of the few credit card companies that file lawsuits against debtors who default on their accounts. (Many of the other major credit issuers often sell their delinquent accounts to collection agencies, who then file the lawsuits). They use several different collection firms to file these lawsuits, including Hayt, Hayt and Landau, Weinberg and Associates, and a few others. These are some of the biggest and best collection law firms out there.
Our approach to Capital One Lawsuits is examine the facts and determine the most cost effective solution. We look at the court, the attorney for Capital One, the date of the last payment and the amount of the claim. If it’s in your best interests to settle, we go that route. If it’s in your best interests to defend, then we defend.
The process of defending lawsuits filed by Capital One is twofold, if the lawsuit is filed at your county’s Court of Common Pleas. First, we defend the case based upon a lack of legal sufficiency. In general, when a party files a lawsuit in Pennsylvania, there are several issues that need to be recited in the lawsuit. In other words, facts must be established that tend to prove that you had a credit account, what the terms and conditions were, and that you defaulted on it. In our experience, we have found that the lawsuits filed by Capital One are usually legally insufficient, at least at the onset. We object to these lawsuits on insufficiency grounds with great success.
In the event that Capital One is able to cure the legal insufficiency objections, we then move on to defending the claim on its legal merits, i.e. whether you actually had the account, whether you actually defaulted on it, when the alleged default occurred, statute of limitations (Capital One’s SOL may be shorter than a regular SOL so please contact our office to discuss) et cetera.
Many of these Capital One claims, specifically the ones that are for $12,000 or less, are filed at your local District Justice court. Defense of a lawsuit at that level is quite a bit different. It generally involves a simple hearing between two attorneys and the Judge. If you are sued on a Capital One case, you should not attend the hearing. Frankly, you can only do damage to your claim if you do appear as you become a star witness for Capital One.
In many Capital One cases, defending isn’t the best choice. Many times the better course of action is to work towards a negotiated settlement. We’ve handled hundreds if not thousands of cases with the Hayt law firm. They are very professional and easy to get along with. In many cases we can work an amicable agreement that is fair to both parties.
Our firm has a great deal of experience in defending credit card collection cases. With the rise of delinquent debt and the outsourcing of that debt to shady collection agencies, having an attorney to protect your interests has become vital. If you have been sued in Pennsylvania by Capital One or another collection agency, our firm can help you defend or settle this claim at minimal cost, with a great chance at success. Contact our office here or call us at 412-348-8600.