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Sued by Wells Fargo for Credit Card Debt? How to Settle

George Simons | January 28, 2025

Fact-checked by Patrick Austin, J.D.

Patrick Austin
Attorney from George Mason
Patrick Austin, JD

Patrick Austin is a licensed attorney with a background in data privacy and information security law. Patrick received his law degree at George Mason University's Antonin Scalia Law School, where he served as the Editor-in-Chief for the National Security Law Journal.

George Simons
Co-Founder of SoloSuit
George Simons, JD/MBA

George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Summary: Wells Fargo is one of the largest banks in the US. If you are being sued for a Wells Fargo credit card debt, you can respond and take proactive steps to resolve your debt issue amicably and without the threat of legal action.

If you have been sued for Wells Fargo credit card debt, it is a lawsuit that you should not ignore.

Even if you believe that you owe the debt, there are still defenses you can raise, and other issues that might reduce the debt, or remove it altogether. Therefore, you need to know how to respond to a Wells Fargo lawsuit, and Solo can help.

It is common to panic if you receive a lawsuit. But don’t lose hope; you can fight back.

In this article, we are going to tell you a little more about Wells Fargo, and more importantly, how you can effectively engage with the bank to resolve the debt collection matter. Taking proactive steps to establish a line of communication can go a long way in achieving a resolution.

Solo is here to help. Our mission at Solo is to give consumers the tools they need to effectively engage with creditors and debt collectors. .

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You can negotiate debt settlement at any stage of the collections process. SoloSettle makes it easy.

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What is Wells Fargo?

You most likely have heard the name Wells Fargo. It is a multinational company, focused on all kinds of financial services including credit cards. It is considered the world 's fourth-largest bank in the United States based on its total assets, and the fourth largest in the world based on market capitalization.

While Wells Fargo is technically considered a creditor, or the original owner and issuer of debt, US court cases have also declared that Wells Fargo can be considered a debt collector in certain circumstances.

If you need to contact the company to discuss a debt you owe, below is Wells Fargo’s contact information:

Wells Fargo phone numbers:

  • General Banking: 1-800-869-3557
  • Debit Cards: 1-800-869-3557
  • Credit Cards: 1-800-642-4720

Wells Fargo address:

  • Wells Fargo Corporate Offices: 420 Montgomery Street, San Francisco, CA 94104
  • Wells Fargo Credit Card Services: P.O. Box 51193, Los Angeles, CA 90051-5493

If Wells Fargo is suing you for credit card debt, don’t freeze and don’t give up. You have rights and options to achieve a resolution to your debt issue, such as negotiating a debt settlement.

Read Wells Fargo reviews online

Many people have heard about Wells Fargo, but likely do not know what it can be like to engage with the financial institution on a debt issue. That’s why you should take a moment to read these real consumer reviews:

Objectively, the online reviews of Wells Fargo are up and down (i.e., some good and some bad). This is unsurprising since everyone’s situation is different and their respective experience will dictate how they feel about the experience communicating with Wells Fargo debt collectors. Nevertheless, there are many reviews indicating consumers can have a positive and productive experience communicating with Wells Fargo representatives. Take, for example, the review of a Wells Fargo customer named Chris:

“I had Casey help me with a delicate situation and it was resolved with care, speed, and efficiency from everyone working at this location. Thank you so much.”

This review highlights the importance of proactively engaging with Wells Fargo to discuss your situation. The experience Chris had also shows that Wells Fargo debt collectors may be willing to work with you to resolve your debt issue without having to duke it out in court. You may be able to engage in settlement discussions and reach an amicable resolution on the debt collection matter.

Understanding your right under the FDCPA

The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from certain actions by debt collectors. As we mentioned before, Wells Fargo is typically considered a creditor, but there are certain actions taken by the institution that have qualified it as debt collectors, namely foreclosing on property.

This means that Wells Fargo must abide by FDCPA regulations under certain circumstances or face legal action.

Click here to learn more about what debt collectors can and can't do under the FDCPA.

How to respond if Wells Fargo is suing for credit card debt

The way to engage with Wells Fargo in court is to respond to their lawsuit in a timely manner. That means that you need to file an Answer to the lawsuit before your state’s designated deadline (which could be as short as 10 days).

If you do not respond to the lawsuit in time, you run the risk of losing automatically via a default judgment. If a default judgment is entered against you, then a debt collector may have the right to garnish your wages and seize your property.

Follow these three steps to respond to a Wells Fargo collections lawsuit:

  1. Respond to each claim against you.
  2. Assert your affirmative defenses.
  3. File the Answer, and send a copy to the opposing attorney.

Now, let’s explore each step a little further. Don’t like reading? Check out this video instead:

1. Respond to each claim against you

There are many reasons why you may not be responsible for a credit card debt. For example, it might not be your account, the account was already paid off, or the statute of limitations has run and Wells Fargo is out of time in trying to get any money back.

The first section of your Answer should focus on responding to each claim that Wells Fargo is making. You can either admit, deny, or deny due to lack of knowledge. When you deny a claim, it’s kind of like saying, “prove it.” It forces Wells Fargo to provide evidence and documentation to prove the claim is true.

Most attorneys recommend denying as many claims as possible.

Even if you think you owe the debt, Wells Fargo needs to prove that. The burden is on them, not you. You need to respond to see what they do. There is a chance that Wells Fargo will not be able to provide that proof, or it might not even show up to court.

Respond to your debt lawsuit in 15 minutes online.

2. Assert your affirmative defenses

After you’ve responded to each claim against you, focus on asserting your affirmative defenses.

An affirmative defense is an argument where the defendant (in this case, you) provides evidence that negates their culpability in a civil liability case. In other words, an affirmative defense is any legal reason that you shouldn’t lose the case.

Attorneys commonly use more than 200 affirmative defenses in civil and criminal cases. However, not all of these defenses will apply to a debt collection case. (Note: all debt collection cases are considered civil cases). We’ve identified 8 of the most common affirmative defenses that may apply when you get sued for debt:

  • The statute of limitations has expired.
  • Someone stole your identity.
  • You already paid off your debt.
  • No business relationship exists with the debt collector.
  • You have filed for bankruptcy.
  • Court officers did not serve you properly.
  • You do not owe the money as an authorized user.
  • The debt collector changed the balance.

Now, let’s look at an example.

Example: Tamara is being sued by Wells Fargo in California for an old credit card debt of $800. When she hears about the case, Tamara doesn’t even remember the debt. After some investigating, she finds out that the debt account has been inactive for more than six years. Since the statute of limitations on credit card debt is four years in California, Wells Fargo does not have the legal right to sue for it. Tamara uses SoloSuit to draft and file her Answer to the lawsuit, where she uses the expired statute of limitations as one of her affirmative defenses. The case gets dismissed.


Make the right affirmative defense the right way.

3. File the Answer, and send a copy to the opposing attorney

Now that you’ve responded to each claim and assert your affirmative defenses, you’re ready to file the Answer with the court.

Each court has unique filing requirements. Solo has done the heavy lifting to find out your court’s filing requirements for you. Just make sure to get your Answer filed into the case before your state’s deadline.

After filing, make a copy of your Answer and send it to the opposing lawyer who is representing Wells Fargo in the case. The address should be listed on the Summons and Complaint documents. Send everything via USPS certified mail with a return receipt requested. This helps you keep track of the shipping and ensures that everything is delivered properly.

Keep a copy for yourself.

Solo can file your Answer for you in all 50 states.

Consider a Wells Fargo credit card debt settlement

Falling behind on credit card payments is stressful and emotionally draining. Luckily, Wells Fargo has been known to accept debt settlement offers when its customers can no longer afford to pay off their credit card debts.

Wells Fargo usually marks an account as charged-off after about six months of missed payments. At this point, the debt will usually be sent to their debt collections department or sold to a third-party debt collection agency.

If you feel intimidated at the prospect of negotiating a debt settlement, do not fret. The process can be relatively simple and straightforward. Here are some recommended steps:

  1. In the event Wells Fargo already filed a debt collection, make sure to file a timely response (as discussed above).
  2. Conduct a “debt settlement calculation” to assess how much you can afford to pay toward the total debt. This calculation should consider what funds you currently have to put toward a settlement, your living expenses, and what is owed.
  3. Once you determine how much you can pay toward the debt, you can commence settlement negotiations with Wells Fargo. As a general rule, your opening settlement offer should be below the amount you calculated, so you have some room to engage in productive negotiations.
  4. If you are able to reach a debt settlement agreement with Wells Fargo, make sure to get the specific terms and provisions in writing.

If you have enough money to offer a lump-sum payment of a percentage of your credit card debt amount, it may be a good idea to send a settlement offer to Wells Fargo or their collectors. The average consumer can reach a debt settlement agreement of 50% of the original debt amount when working with a debt settlement company.

You can settle your debt with Wells Fargo on your own by using SoloSettle. Check out this video to learn more:

Settle with SoloSettle

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