Capital One Bank LawsuitFrank Mason2020-07-02T17:19:24+00:00
Sued by Capital One Bank?
We offer affordable, flat fee rates (with payment plans) that help Florida consumers defend lawsuits filed by Capital One Bank.
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Why did Capital One Bank file a lawsuit against me?
Capital One Bank is an original creditor that extended credit to a consumer. They files lawsuits against consumers in an attempt to collect the debt they feel is owed to them. They are counting on the fact that you will not respond or show up to court. If you do not then they may take a default judgment against you. In Florida, a judgment can be aggressively collected for twenty (20) years and even longer if they keep renewing the judgment. This gives Capital One Bank a long time in which to come after you. You may think that a judgment is just a worthless piece of paper. You may think that they can not force you to pay the judgment. You are wrong. Judgment creditors can garnish bank accounts taking your hard earned money. They can file a motion for receivership which allows them to remove money at any time from your bank accounts. They can stop the sale or purchase of a home or auto. They can try to sell any unprotected assets you may have in Florida. In short, whether a have the money to settle or not right now, it can get more costly the longer you avoid Capital One Bank.
Capital One Bank Contact Details
Capital One Bank is an original creditor that files lawsuits to collect money.
Their last known information is:
Capital One Bank
PO Box 30285
Salt Lake City, UT 84130-0285
You have options when you are being sued
If you have been sued then you need to answer the lawsuit. Participants in the system often have a better outcome than those that do nothing. Some of the options that you have are to:
Attempt to Negotiate a settlement with Capital One Bank before the answer is due. Many consumers recognize they may owe a debt and choose to attempt to settle the debt before an answer is due to the court. They are often receptive to a quick settlement rather than spending more time and money in a lawsuit. Even if they can provide some of the documentation to the court, there is always a chance they could lose.
Answer the Lawsuit filed by Capital One Bank. Even if a consumer thinks they owe a debt it is still up to Capital One Bank to prove that they own the debt, have the right to file suit, and have enough documentation to prove a debt is owed. They may not be able to successfully produce all required documentation when challenged.
Do nothing. Many people decide to do nothing for lack of funds or fear of what can happen. Capital One Bank may take a judgment against them and then ultimately have their bank accounts frozen (bank garnishment). Judgment creditors can also wage garnish. See rules for Florida Wage Garnishment. Judgments in Florida are good for 20 years initially and they carry a minimum interest of at least 5%. The amount of an unresolved judgment can significantly increase over time.
Seek bankruptcy protection. Our law firm does help clients file bankruptcy. If you are interested in seeing if bankruptcy is right go to Florida Bankruptcy Attorney
The best time to take care of a lawsuit is NOW. It can potentially get more costly and worse.
Many choose not to answer or deal with a lawsuit. In that case, a defendant (you) can expect to:
Possibly lose the court case.
Receive a default judgment In Florida judgments automatically are good for 20 years and possibly more. They can renew the judgment and it can stay in public records for a long time. A judgment can prevent you from purchasing homes and cars and an employer may deny employment. Judgments do keep increasing in value. They carry a state minimum interest rate that judgment creditors often calculate.
Garnish bank accounts A judgment creditor may be able to garnish your bank account and take the money you do keep in it. Many are forced into closing their bank accounts and converting all payments to cash.
Garnish wages A judgment creditor may be able to garnish wages and possibly take up to 25% of disposable income.
Possibly be denied loans and employment A judgment can prevent you from purchasing homes and cars and an employer may deny employment.