Capital One is suing my husband… what should we do

Hey everyone, my husband just got served by Capital One over a $5,000 credit card debt. We haven’t been making payments because we’re going through National Debt Relief. So far, it’s been working—we’ve paid off a few other debts—but since Capital One hasn’t been paid yet, this account has been overdue for a while.

Should we call Capital One and explain the situation? Can National Debt Relief help with this, or do we need to talk to a lawyer? Not sure what the next step should be.

Get in touch with National Debt Relief and tell them about the lawsuit. They should be handling this for you.

Aris said:
Get in touch with National Debt Relief and tell them about the lawsuit. They should be handling this for you.

Yeah, since you’re in their program, they should step in. This probably happened because Capital One wasn’t included in the payments yet.

I work with companies like NDR, and I’ll be honest—you’re going about this the wrong way.

Capital One isn’t required to accept any payment plan. They can choose to sue if they want, and it looks like they did before the time limit ran out. At this point, you need to send a copy of the lawsuit to NDR. Calling Capital One won’t do much since they already have lawyers handling it. Now, any settlement is likely going to cost you more.

@Ash
Ask them to show the original signed agreement. If they don’t have it, that might be a way out. I did this with Capital One, and they couldn’t find it, so they had to drop the case.

If all they have is a digital copy, that’s not always solid proof. Digital files can be altered.

It’s been over seven years for me, and that debt is gone from my credit report. My score is back to 800 now.

@Gentry
That’s not exactly how it works.

If you applied online, they don’t need a physical signature—just proof that you accepted the terms, like an IP address and timestamp.

Also, if you used the card and made payments, that can be used as proof that you agreed to the contract. Some states even have laws that say if you don’t dispute a statement within 60 days, it’s considered valid.

It’s worth asking for documents, but don’t assume they’ll just drop it if they can’t find a signature.

How long were you behind on payments before they sued?

Riley said:
How long were you behind on payments before they sued?

I was wondering the same thing.

Winter said:

Riley said:
How long were you behind on payments before they sued?

I was wondering the same thing.

Same here… curious how long it took.

Debt settlement companies aren’t always a great deal. They charge fees, and sometimes you end up paying more than you would have if you just settled on your own.

Weston said:
Debt settlement companies aren’t always a great deal. They charge fees, and sometimes you end up paying more than you would have if you just settled on your own.

I’ve had a good experience with them, but yeah, they do take a cut. They handled all the legal stuff when I got sued, and they set up a payment plan before my court date so I didn’t have to go.

You could do it all yourself, but for me, it was worth paying them to take the stress off my plate.

There’s no such thing as a ‘national debt program.’ That’s just an ad. You’re better off calling Capital One yourself and trying to settle for a lower amount.

Vale said:
There’s no such thing as a ‘national debt program.’ That’s just an ad. You’re better off calling Capital One yourself and trying to settle for a lower amount.

National Debt Relief is the actual name of the company, not a government program.

Get a lawyer. Debt lawyers are pretty affordable, and they know what they’re doing.

Kim said:
Get a lawyer. Debt lawyers are pretty affordable, and they know what they’re doing.

Not really. A good lawyer is going to charge at least $1,000 upfront, plus filing fees. That’s why people go through debt settlement programs instead.

@Ash
I’ve seen cheaper ones, but yeah, it depends on where you live.

I wouldn’t call them. They’ll just tell you what their lawyers can do on their behalf, and at this point, they’ve already decided to sue.

Capital One doesn’t have to negotiate, and a lot of people don’t realize that. They’re one of the tougher banks when it comes to settling. If NDR can’t help, you might end up getting your wages garnished.

@Nevin
Yeah, credit card companies act like your best friend when you’re paying, but once you fall behind, they don’t care at all. I avoid credit cards now because of this.

National Debt Relief should have lawyers for this. Reach out to them and see what they say.