Sued by Capital One Bank? We win or there’s no fee
PRACTICE AREA DETAILS
ABOUT THIS PRACTICE AREA
Capital One Bank has sued me . . . now what?
Capital One Bank sues hundreds of Pennsylvanians every day. At Fenters Ward, we have an excellent track record in defending these lawsuits and obtaining judgment or dismissal in favor of (you) the debtor or defendant. Capital One Bank may have sued you because you had a “Capital One Credit Card” or they may have bought a debt from another company and are merely trying to collect it (much like Midland, Portfolio, LVNV, Calvary and companies like them).
In our experience, we have the highest success rate in obtaining a total victory against Capital One as compared with every other major original creditor. The reason is simple, Capital One, as a business, has made the decision to operate their debt collection practices as cheaply as possible. As with any other creditor, there in lies the secret to defending these cases.
All About Capital One Bank
Capital One Bank is a large national bank that extends consumer credit. Which means they offer credit cards to people for personal and household use. Alternatively, you may have been sued because Capital One Bank bought a pool of debts or has purchased a bank with which you previously had an account.
Capital One knows that they will lose a certain percentage of lawsuits to attorneys like Fenters Ward, because their debt collection practices have fatal weaknesses. However, it is apparently too expensive for them (in their opinion) to change their practices so that they can win every lawsuit. They simply don’t think it is worth it. The fact is, when most people are sued they immediately call Capital One’s attorney and pay them money. The other large percentage of people do nothing, because they assume they cannot win the lawsuit, and Capital One obtains a default judgment. A judgment accrues 6 percent interest until it is paid, and they can take your property, and it acts a lien on your home. Additionally, a judgment will destroy your credit score, your ability to get new credit, and existing credit may be cut totally or by 90%. This does not have to happen to you. Capital One’s business model only works if you behave like they want you to. If you hire an experienced debt defense attorney, you can turn this lawsuit into a money saving opportunity and protect your credit score.
For a more detailed description of how the debtor-creditor relationship is created, and why Capital One may be suing you, please visit our web page on Consumer Debt Defense.
Fenters Ward can win your Capital One lawsuit in court
Capital One typically files suit in the local Magistrate District Justice’s court. Unless the suit is in excess of $12,000, then the lawsuit must be initiated at the Common Pleas level. As a plaintiff, Capital One has the burden of proof to establish that you owe the debt and prove the amount of the debt. More specifically, Capital One has to get this information “on the record.” At Fenters Ward, our attorneys have an expert knowledge of the Rules of Civil Procedure, Pennsylvania evidentiary law, and case-law specific to credit card lawsuits. We defend these lawsuits based on the proper objections, made at the right time, to prevent certain evidence from being considered by the court. The law cannot ignore certain technical requirements, and if Capital One cannot meet their burden of proof, the judge must rule in favor of the defendant. We are so confident in our ability to win these cases, that we always offer a money-back guarantee. That’s right, if we don’t win your lawsuit (meaning you pay Capital One nothing) we would receive no fee. That’s the Fenters Ward promise.
It is crucial that you hire an experienced attorney to represent you. If you would attempt to defend yourself in court, Capital One’s attorney will put you on the stand and make you testify to certain things. In that way, Capital One is able to use your testimony as evidence, which would allow for Capital One to meet their burden of proof, and judgment must be entered against you.
Protect your rights, don’t fall victim to Capital One’s business practices
Only a lawyer who handles debt lawsuits on a routine basis knows all the defenses. This area is highly specialized and requires experience with various creditor’s business practices. A debt defense attorney knows what needs to be brought to court, what questions to ask and how to attack the debt lawsuit. Call today and speak with a skilled attorney from The Law Firm of Fenters Ward. We always include a money back guarantee! Consultations are always free. Don’t allow yourself to fall victim to Capital One’s lawsuit. Do not delay. Once Capital One obtains a default judgment you will lose your right to dispute the case forever. Call one of our experienced attorneys today. We would be honored to represent you.