Capital One – Have they sued you?
Have you received a collection letter from Capital One Bank or one of its collectors? 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 defend you if you reside 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. (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, Gordon & Weinberg, Nudelman, Klemm and Golub and a few others. These are some of the biggest and best collection law firms out there.
Our approach to 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 my experience, I 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.
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 this claim at minimal cost, with a great chance at success. Contact our office here, call me at 412-823-8003 or visit our
Pennsylvania Credit Card Legal Center here.