If Capital One sued you and then dropped the case… did they ever sue again

Discussion
1

My case just got dismissed and now I’m wondering if they might try again later. Has anyone been sued a second time after their case was dropped?

2

From what I’ve seen handling thousands of these cases, they refile maybe 15% of the time.

3

Pax said:
From what I’ve seen handling thousands of these cases, they refile maybe 15% of the time.

How soon do they usually try again?

4

Lior said:

Pax said:
From what I’ve seen handling thousands of these cases, they refile maybe 15% of the time.

How soon do they usually try again?

Depends on why they dropped it. Do you know the reason? Sometimes they were missing paperwork, like proof the debt was sold, and they’ll refile pretty quickly.

Do you know the statute of limitations in your state?

5

@Pax
I opened the account in Georgia but moved to South Carolina and then Texas over the last 4 years. I think they dropped it because they couldn’t serve me at my old address.

It’s been 4 years since the case was dismissed “without prejudice” and I haven’t heard from Capital One or the law firm again.

Which state’s statute of limitations applies—the one where I opened the account or where I live now?

6

@Lior
Are you living in Texas now?

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@Lior
If you’re in Texas, the debt is past the statute of limitations. Also, Texas doesn’t allow wage garnishment for consumer debt, so creditors aren’t as aggressive there.

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Pax said:
@Lior
If you’re in Texas, the debt is past the statute of limitations. Also, Texas doesn’t allow wage garnishment for consumer debt, so creditors aren’t as aggressive there.

Yeah, I’ve been in Texas since 2022. The case was dismissed in Georgia in 2021, and the account was closed in 2019.

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@Lior
Just pay it. This is literally gaming the system.

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This comment is empty, admin should fix

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Arlen said:
This comment is empty, admin should fix

Most agreements allow them to get a judgment automatically if you stop paying. That’s usually how they go after people again.

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Hale said:

Arlen said:
This comment is empty, admin should fix

Most agreements allow them to get a judgment automatically if you stop paying. That’s usually how they go after people again.

What if the full amount was paid in one lump sum?

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@Peyton
Then you’re good, nothing to worry about.

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Hale said:

Arlen said:
This comment is empty, admin should fix

Most agreements allow them to get a judgment automatically if you stop paying. That’s usually how they go after people again.

Consumer debt cases don’t usually work like that. Most courts don’t enforce those automatic judgment clauses because they see them as unfair.