Start My Answer

Capital One is Suing Me – How Can I Settle My Debt?

George Simons | January 17, 2025

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: To settle a Capital One debt lawsuit, respond promptly, verify the debt, negotiate a settlement (30-60%), and get a written agreement. SoloSettle simplifies the process.

The ancient biblical story of David and Goliath tells you all that you need to know about the dynamics that exist when a massive financial company like Capital One sues you in court. The huge financial Goliath is battling with you, a single individual just like David, and it makes you fear that there is no chance you could ever win.

You have more tools and resources than you probably realize. Remember, Capital One doesn’t want to fight consumers in court. It’s an expensive, time-consuming ordeal that uses resources they could better spend in other areas of the company.

First, you should always pay attention to a lawsuit filed against you. If you fail to respond, then Capital One will be able to obtain a legal judgment against you. With that legal judgment, Capital One can garnish your wages or even freeze your bank accounts to satisfy the debt.

Second, responding to a lawsuit from Capital One with an Answer and then continuing to track your lawsuit through the court’s process shows them that you’re serious about resolving the debt. You will place the burden of proof on Capital One to prove its case, and you buy time to initiate negotiations if the debt is valid. In this article, we will discuss some basics about Capital One and then discuss how easy it is to respond to a debt collection lawsuit filed by Capital One—even if you have never dealt with a lawsuit before.

Our mission at Solo is to bridge the gap between debt collectors and consumers by providing valuable information and tools consumers can use to resolve debts. SoloSuit makes it easy to win a debt collection lawsuit.

Settle debt with Capital One

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

Settle with SoloSettle

Capital One debt collection practices

Capital One is aggressive in its debt collection practices. If you learn that Capital One has placed your account in collections, you can expect incessant phone calls, letters, and ongoing attempts to collect the debt. Capital One also reports all late payments and outstanding debts to the three major credit reporting bureaus, which can have a lasting impact on your credit score.

Capital One initiates collection practices to manage financial risk by recovering funds owed by borrowers. The goal is to maintain the health of the company and uphold responsible lending practices. Reporting unpaid debts to credit bureaus encourages consumers to resolve outstanding debts to protect their credit scores. Overall, debt collection is a standard practice for ensuring the financial health and stability of the institution. It’s not a personal attack against you–the consumer.

Remember, you do have options if you owe money to Capital One. If you have the means to pay the outstanding debt, consider asking Capital One for a goodwill deletion to remove harmful information from your credit report. Explain why your payment(s) were late, and ask if they will consider a goodwill deletion. You can contact Capital One at 1-800-955-7070.

What to know if you’re sued by Capital One

If you have never heard the commercial tagline: “What's in your wallet?” then you have probably been in a coma for the last two decades. Capital One is a large bank that markets to consumers from all walks of life.

Back in 1994, Capital One was created out of other older financial companies with a single product in mind: credit cards, a relatively risky strategy. From that moment on, Capital One inundated the market with commercial advertisements for its credit card services. Now, Capital One's holding company, Capital One Financial Corporation, is number ten on the list of the largest banks in the United States.

Capital One has been in business for thirty years and holds an A+ accreditation from the Better Business Bureau (BBB).

Capital One differs from other credit card companies in one important respect. While most credit card companies will sell their defaulted (i.e., unpaid with a balance due) accounts to a smaller company that focuses on debt collection specifically, Capital One sometimes keeps the account and issues a lawsuit itself. By suing some consumers directly, Capital One reduces the losses of selling unpaid debts for pennies on the dollar and sends a message that it will fight to recover unpaid debts.

SoloSuit makes it simple to respond the right way.

What types of credit cards does Capital One offer?

Capital One is a giant in the credit card arena. They offer credit cards in the following categories:

  • Secured credit cards–Whether you are just building your credit score or attempting to recover from a battle with debt, a secured credit card can help you start rebuilding a healthy credit profile. You put down a security deposit, which is held by Capital One. Once you have established that you are paying your credit card bill on time, Capital One will raise your credit limit above your secured deposit.
  • Cashback credit cards–qualifying purchases help you earn cash back on select spending categories.
  • Travel reward credit cards offer various travel rewards and are ideal for those who travel extensively.
  • Business credit cards are useful for tracking employee spending and help keep business and personal spending separate. You might also benefit from the often higher limits on business credit cards.
  • Credit cards with no annual fee–remember, if the card has a substantially higher interest rate, you may not be saving money by having a card without an annual fee.
  • Store credit cards–Capital One backs numerous store credit cards.

For a full list of credit cards offered by Capital One, visit Capital One's credit card page.

What should I do if a Goliath like Capital One files a lawsuit against me?

The way to win against Capital One starts with an Answer to Capital One's Complaint. Now, responding to a lawsuit with an Answer is not that difficult, but it can be overwhelming for someone who has never done it before. That is where SoloSuit comes into play.

With the help of SoloSuit, you can easily create, write, and file your Answer in court against Capital One within the time allotted.

That said, there are a few simple rules you should keep in mind when fashioning your Answer to the Capital One Complaint.

  1. Respond to each numbered allegation against you in the Complaint
  2. Include your Affirmative Defenses
  3. File your Answer on time.

Now, let's break each of these steps down a little further. Don't like reading? Check out this video instead:

Step 1: Respond to each allegation listed in the Complaint

When the court receives an Answer to a Complaint, the court expects one thing – that the party answering the Complaint either “admits” or “denies” each and every numbered paragraph in the Complaint. As you look at the Complaint, you can see that each factual allegation is numbered. So, just like in any regular argument you have with someone, you tell them whether their allegations are true (“admit”) or false (“deny”). Also, if you honestly do not know whether something is true or not, be sure to either “deny” the allegation or simply say, “I don't know.”

Example: David fell behind on her Capital One credit card payments in 2014 after losing his job. In 2022, David received a Summons and Complaint, notifying him that he was being sued by Capital One in his home state of Massachusetts. David was confused at first because he didn't even remember he owed Capital One any money, not to mention the amount they claimed against him. When he looked closer at the Complaint document, he realized that most of the claims against him were untrue. He used SoloSuit to draft his own Answer document and denied all the allegations listed in the Complaint. A few months later, the court notified David that Capital One had decided to drop the case because the debt was past the statute of limitations in Massachusetts.


Step 2: Include your Affirmative Defenses

Again, just like in an argument with someone, you not only refute the facts, but you also can state the reasons why the person who is demanding something should not get it. In terms of your lawsuit with Capital One, there may be good reasons why Capital One's lawsuit should be dismissed – perhaps you paid off the balance, or it is not your credit card or Capital One filed suit beyond the applicable statute of limitations. If you have reasons why Capital One is wrong to sue you, then you should say so.

Example: When David was sued by Capital One for credit card debt, he was frustrated because he had never even applied for a credit card with the company. He was even more confused when he found out that he was being sued in New York because he hadn't lived there for over 9 years. David filled out SoloSuit's Answer document form, including his affirmative defenses section, where he stated that the debt was not his and that he was being sued in a state in which he did not live. Capital One quickly dismissed the case, realizing that they had contacted the wrong person.


Step 3: File your Answer on time.

You have 14-35 days to respond to a debt lawsuit, depending on your state. Make sure to file your Answer with the court before the deadline, and send a copy of it to the attorney listed on the Complaint.

Often, because they feel overwhelmed or don’t know what action to take, consumers fail to respond to a lawsuit. As a result, credit card lenders and other debt collectors easily win default judgments, allowing them to garnish wages or place liens on certain assets.

When this occurs, you may not be able to sell your home, boat, or car until you satisfy the judgment against you. The longer you wait to take action, the greater the probability of a financial loss.

It is crucial to understand that filing an Answer is only the initial step in effectively resolving a lawsuit. After submitting the Answer, the consumer is responsible for actively tracking the case's progress through the court system until it is resolved and closed. Taking charge of this process is essential for a successful outcome.

If you have been sued by Capital One, visit SoloSuit to explore your options.

SoloSuit can help you file an Answer in all 50 states.

Read your Capital One credit card agreement.

Unfortunately, most consumers don't take the time to read the full credit card agreement before activating a new credit card. Don't worry–most credit card agreements are on the Consumer Financial Protection Bureau's (CFPB) website.

Failing to read a credit card agreement can cost you a significant sum of money. Specifically, make sure you pay attention to:

  • Account fees and charges
  • Arbitration clause
  • Your rights as a consumer
  • What can happen to trigger a default
  • What you should expect if your account goes into default

Lenders use arbitration clauses to protect themselves from court actions challenging their fees, debt collection practices, and other policies by blocking a consumer's legal rights. Arbitration clauses are notorious for restricting any potential consumer relief, especially in class action lawsuits. Under most arbitration clauses, consumers are narrowly limited to small claims court if they want to bring an action against a credit card company.

Capital One does not have an arbitration clause. In 22009, Capital One and several other major card issuers agreed to suspend the arbitration clause through 2013 as a direct result of an antitrust settlement. However, Capital One never reinstated the arbitration clause after 2013.

Settle with SoloSettle

Make an Offer

How to settle a debt with Capital One

As we’ve discussed, ignoring a lawsuit from Capital One won’t make it go away. Instead, it can only hurt your chances of reaching a fair settlement. The best strategy is to respond promptly with an Answer, and if you owe the debt, start settlement negotiations. Debt collectors prefer to resolve debts without necessitating legal action.

Follow these steps to negotiate a debt settlement with Capital One.

1. Verify the debt

Before you start negotiating, make sure the debt is valid. You can send a Debt Validation Letter as soon as you’re contacted by Capital One–even if they’ve already filed a lawsuit against you. If you find any discrepancies, file a dispute with the three credit reporting bureaus.

2. Make a reasonable settlement offer

Use SoloSettle to initiate a negotiation for settlement. The first step is to determine what you can afford to pay. Ideally, aim for between 30-60% of the original debt. However, this leaves room for some back-and-forth negotiation.

3. Get the Settlement Agreement in writing

Once you’ve reached an agreement with Capital One, get that agreement in writing. SoloSettle has a tool that will make it easy to draft a Settlement Agreement. Remember, the agreement is not valid until both parties sign it.

4. Pay the agreed settlement.

Once you have the Settlement Agreement in writing and signed, initiate the payment you agreed on with Capital One. SoloSettle can assist in managing the payment transaction keeping your financial information safe.

To learn more about these steps and other tips on how to settle with big credit card companies and banks like Capital One, check out the video below.

How to Answer a Summons for debt collection in all 50 states

Here's a list of guides on how to respond to a debt collection lawsuit in each state:

The Ultimate 50 State Guide

Guides on how to resolve debt with every debt collector

Are you being sued by a debt collector? We’re making guides on how to resolve debt with each one.

Resolve your debt with your creditor

Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, Solosuit can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.

Settle your medical debt

Having a health challenge is stressful, but dealing medical debt on top of it is overwhelming. Here are some resources on how to manage medical debt.

Guides on arbitration

If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.

Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.

Stop calls from debt collectors

Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.

Federal debt collection laws can protect you

Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.

Get debt relief in your state

We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.

Debt collection laws in all 50 states

Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.

Statute of limitations on debt state guides

Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote a guide on each state’s statutes. Check it out below.

Statute of Limitations on Debt Collection by State (Best Guide)

Check the status of your court case

Don’t have time to go to your local courthouse to check the status of your case? We’ve created a guide on how to check the status of your case in every state, complete with online search tools and court directories.

How to stop wage garnishment in your state

Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in all 50 states.

Other wage garnishment resources

How to settle a debt in your state

Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.

How to settle with every debt collector

Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.

Other debt settlement resources

Personal loan and debt relief reviews

We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.

How to repair and improve your credit score

Debt has a big impact on your credit. Below is a list of guides on how to repair and improve your credit, even while managing major debt.

How to resolve student loan debt

Struggling with student debt? SoloSuit’s got you covered. Below are resources on handling student loan debt.

Civil law legal definitions

You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.

Get answers to these FAQs on debt collection

How-to debt guides

Learn more with these additional debt resources

Contents