Ask The Get Out of Debt Experts

Capital One is Suing Me. Do I Have a Case Against Capital One? – Jody

“Dear Steve,

okay here we go I have just recieved a summonds in the amout of $9700.00 from a lawyer claiming to represent Capitol One.

Now i’m not claiming that i don’t owe capitol one money but of course they have tacked on nearly 4,000 dollars to the initial 7,000 i was in default for.

Now here is what happened back in 2009 due to loss of income and seperation at the time i was in a huge amount of debt and no way to pay it all i began missing credit card payments as my mortgage was so high i had to choose home or pay credit cards.

after about 3 mths of Capitol one brutally harrasing me at home, my family, and my former job that i no longer worked at , Not to mention them telling my family and ex co workers exactly who they were and how could they get in contact with me which i thought that was against the law for them to disclose that information.

I became so frustrated i contacted my mortgage company to go on a hardship modification program that way i could lower my payment and try to make payments to the credit card company’s.

I was put on a modification program, So i called Capitol One started making payments in march of 2009 didn’t think much about it till about a year later and looked up my credit report to see how things were looking well i just wanted to die when i seen what popped up Capitol one put it as charged Off 3 mnths into me making payments I called them straight away and demanded why they would do that when i have been making payments and was told that when i arrainged to make payments the charge off was already being processed after only 3 mths of missed payments mind you.

Now the worse part my mortgage company has me listed as not making any payments even though i pay the modification payment every month and have tacked on 22,000 that they say i owe them. so currently i am in debt 26,000 to credit cards and 22,000 to citimortgage god knows when i will even get an answer from them if i’m getting refinanced or hit with the full amount. But my bigger concern is how can capitol one report a charge off when i was making monthly payments which i have made copies of every payment i sent.

READ  I'm on a Fixed Income and Can't Afford My Minimum Credit Card Payment. - Theresa

I have read that its illegal for a company to report missed payments when u have proof that you have made payments. what are my options.

Do I have a case against capitol one and should bankruptcy be an option for me.


Dear Jody,

Once an account become 180 days delinquent the creditor must charge off the debt. The credit card companies will then sell the debt to a debt buyer.

Was it Capital One that sued you or the new owner of the debt? It would be unlikely that Capital one charged off your debt and would latter sue you.

Were you making just hardship payments to Capital one or your full monthly payment due?

The issue of the mortgage company reporting your modification payments as partial payments are quite common. The issue here is if you have a permanent modification or only a temporary modification. Which do you have?

Was Capital One not sending you statements and had you checked on the status of your account after you resumed making payments?

I wish I could answer your question but I’m left with more questions after reading your question. Please post your answers in the comments section below for me.

Please update me on your progress by posting updates here in the comments section of your question. I’m very interested in how this works out for you.


You are not alone. I'm here to help. There is no need to suffer in silence. We can get through this. Tomorrow can be better than today. Don't give up.

About the author

Steve Rhode

Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

Leave a Comment

Scroll to Top