I just got a summons from a court about a $3100 debt I owe to Capital One. The letter came from a law firm representing them. Do I need to actually show up in court, or can I try to settle this? Should I call the credit card company or the law office?
I made my last payment back in 2021. The statute of limitations in my state is six years, but I don’t know what my options are now. Please help—I appreciate any advice. I was young and made bad choices during COVID, and now I’m trying to fix this.
Lawyer here (not your lawyer). It’s wild how many people give incorrect advice in these situations. Here’s a breakdown:
You can’t call Capital One. They’ve handed your case to the law firm, so you’ll need to talk to them.
The statute of limitations (SOL) depends on your agreement. Some credit card agreements apply the laws of the state where the issuer is incorporated, like Delaware, which has a 3-year SOL. Check your credit card agreement or consult a local lawyer.
If you don’t want a default judgment (where they win automatically because you don’t respond), you need to: (a) settle in writing before your court date, (b) hire a lawyer, (c) file for bankruptcy, or (d) show up in court. If you ignore it, they can garnish your wages, freeze your bank account, or put a lien on your property.
You might also want to consult a credit card defense or bankruptcy lawyer. They can explain your options and help you avoid bigger issues. If you decide to settle, make sure it’s a lump sum payment and get everything in writing. Good luck.
@Uma
You’re awesome for explaining all of this.
@Uma
Great post. If a credit card company sells the debt to a junk buyer like Midland, does Delaware’s 3-year SOL still apply?
Mica said:
@Uma
Great post. If a credit card company sells the debt to a junk buyer like Midland, does Delaware’s 3-year SOL still apply?
It depends on your state laws. If your state has a ‘borrowing statute,’ the shorter SOL might apply. Check your state’s rules.
@Val
Thanks! Unfortunately, my state (Washington) has a 6-year SOL for credit card debt, and no borrowing statute.
Mica said:
@Val
Thanks! Unfortunately, my state (Washington) has a 6-year SOL for credit card debt, and no borrowing statute.
Read your credit card agreement—it’s critical.
Mica said:
@Uma
Great post. If a credit card company sells the debt to a junk buyer like Midland, does Delaware’s 3-year SOL still apply?
The credit card agreement usually controls. If the agreement specifies Delaware law and the 3-year SOL has passed, selling the debt doesn’t reset the clock. Debt buyers take on the original terms.
They probably won’t settle for less, but you can call the law firm and ask about a payment plan. They might have you sign a document agreeing to payments, and if you miss one, they can go straight to garnishing wages.
@Mica
I don’t mind paying the full amount. I just don’t want to deal with going to court. I’d rather settle this and move on.
Tilden said:
@Mica
I don’t mind paying the full amount. I just don’t want to deal with going to court. I’d rather settle this and move on.
If you’re paying in full, ask them to mark your account as paid in full and remove the negative marks from your credit report. It’s worth trying.
I live in a state where wages can be garnished, so I’d recommend setting up a payment plan to avoid bigger problems.
When I was younger, I had a similar issue with a computer purchase. I stopped paying because they refused to honor a warranty. Long story short, the court sided with me because the creditor didn’t handle things properly. My advice: always show up to court. You might get a fair resolution.
I had a similar issue with Capital One for around $3100. I called the law firm and set up a payment plan. They sent me documents to sign, and once I agreed, the court stuff was handled. No need to go to court.
@Noor
Good to hear it was Capital One for you too. So you didn’t call Capital One directly, just the law firm? I’m worried it’s too late to set up a payment plan.
Tilden said:
@Noor
Good to hear it was Capital One for you too. So you didn’t call Capital One directly, just the law firm? I’m worried it’s too late to set up a payment plan.
I got served papers from the court but called the law firm, not Capital One. If the debt’s with a law firm, Capital One probably sold it to them. Call the law firm and see what they can offer.
I used to handle summons like this when I worked in law enforcement. Most collection agencies file cases hoping people won’t show up. If you go to court and they don’t, the case is dismissed. Worst case, you work out a payment plan with them.