I Got Sued by Capital One. What Do I Do Now? – Leslie

“Dear Steve,

I was divorced 2 years ago and we split the credit cards down by whose name they were under. I received the Capital One bill 🙁 My husband wanted the divorce so bad he gave me the house and agreed to pay all divorce proceedings which he hasn’t (I hope to be sue him for it..) I work now full-time and have Money, but the money I have is money given me by my company to attend college full time, which I do.

I received a summons to answer 2 pages of questions for a lawsuit I was served on Saturday from capital one. The original debt was around 1800 but they are suing me for $4400. I have received numerous ads for lawyers will to represent me and supposed accredited by the BBB. I do intend to answer the papers but answering any of the questions would give me no legal leg to stand on.

Also, the SOL on debit in the state in which Capital one is incorporated is 2 years, in Texas it is 3. Apparently they made it under the gun here in Texas but can I aruge that because they are incorporated in another state, that SOL should apply? Also, what type of attorney do I need to contact to represent me and usually what do these attorney’s charge? Thanks so much… before I ran across this site, I was panicking out of my mind… I do work but all my money goes just so I can keep my head above water after a bad divorce. The only extra money I have is money I owe for my college loan that my company gives me to pay them. I know to pay my college loan above all.. help please!!!???


Dear Leslie,

I asked my friends at Active Debt Solutions for an answer on this since we recently had a similar conversation.

Here is what they said about your question.

Great idea filing an answer Leslie, not filing one will result in an automatic default judgment against you and you will be liable for the entire balance, including attorney fees.

You are likely to find a decent attorney for $150-250/ hr. but that depends as well. To find one in your area & with knowledge of your case, I would go to NACA and look under the “Credit Card” section for an attorney.

The dilemma that you face is that you don’t want to spend all your money on an attorney and not have enough available to try and negotiate a settlement.

It would be great if you had an attorney to help file an answer and be able to use what money you have saved to settle the account, but that’s in a perfect world. Please understand that we are not attorneys but we do negotiate settlements for our clients with Capital One on a regular basis, including those with legal action and are willing to offer that experience, but consult with an attorney.

You may find it easier or less expensive, at this point to attempt to negotiate a settlement with the money you might use for a lawyer.

Best of luck!

Angelo Anzalone
Active Debt Solutions

There are a number of issues that you might address with this suit but only a lawyer can give you legal advice. NACA is a network of consumer attorneys that are familiar with such issues.

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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.
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