Capital One Bank wants to know what’s in your pocket, and they’ve issued a summons to get it. There are a number of credit card companies who prefer the direct approach instead of farming out there uncollected balances to debt purchasers such as Midland. There are several things that you should do if you are in receipt of a summons from Capital One, but there is one big thing you should never ever do and that is to ignore the summons. When you receive a summons from Capital One Bank, this means that it’s the beginning of a legal process initiated by the bank to collect the debt that they believe you owe.
The process goes like this:
- The attorneys for Capital One draft a complaint. The complaint is often served along with the summons and gives the names of the parties involved in the dispute, the plaintiff’s reason for filing, and the relief that is being sought.
- Your response to Capital One is called an “Answer” and gives you your version of events. You must file your answer within a given amount of time in order to properly contest the suit. This is the reason that you must never ignore a summons, or a default judgment could be entered against you without you ever having appeared in court to contest.
- Even in a civil suit, the defendant has a right to due process, this includes the serving of the summons and complaint in a timely manner. It also includes proper service instead of so-called “sewer service” where the summons is handed to a stranger, or even thrown away.
- As your case moves forward motions and pleadings will become a part of the process of your case. A motion is a request to the court to render a ruling – such as for summary judgment – or to issue an order on a particular point of contention.
- When your case goes to trial, the judge will hear both sides and give a ruling that either upholds denies the original complaint.
Capital One is having problems of its own, including a large class-action alleging that multiple violations of the Fair Credit Reporting Act. Naturally the bank denies wrongdoing and urges that the suit be dismissed. One thing is for sure, Capital One has attorneys working on their side and you should have an attorney looking out for your interests as well. Even a simple lawsuit for small balance can have a huge impact on your credit, and your financial health. You can defend yourself, or negotiate a payment plan with the bank that is realistic and payable.
If you received a summons from Capital One, you should call either our Fort Lauderdale or West Palm Beach office to schedule a free consultation. We are open seven days a week, and did I mention that consultation is free? Bring your paperwork, and let’s get started on getting you a good result.