Original creditor

Sued by Capital One, N.A.? Don't ignore it.

An original creditor. Look at the agreement terms and the amount claimed.

Build my AnswerSee the whole process

Most courts give you 14 to 30 days to respond. If you do nothing, they win automatically.

Who is Capital One, N.A.?

Capital One frequently sues on its own accounts. Because they are the original lender, the argument to focus on is usually what the agreement says and whether the balance is right.

They are the original lender, so focus elsewhere

Because they issued the account themselves, arguing about who owns it usually goes nowhere. The stronger route is normally the arbitration clause in your agreement, plus holding them to proof of the exact amount.

What tends to matter in these cases

  • Request the cardmember agreement that applied to your account.
  • Demand a complete statement history rather than a single summary page.
  • Check the interest and fees added after the account was charged off.

What to do right now

  1. 1

    Find your deadline

    It counts from the day you were served, not the date on the paperwork. Write it on a calendar today.

  2. 2

    File an Answer

    This is the document that stops them winning by default and forces them to prove their case.

  3. 3

    Make them prove they own it

    Use discovery to demand the original agreement and the complete chain of ownership.

Build my AnswerSee the guides

Sued by someone else?

Midland Credit Management, Inc.Portfolio Recovery Associates, LLCLVNV Funding LLCCavalry SPV I, LLCJefferson Capital Systems, LLCAmerican Express National Bank

CaseDefender is an online provider of legal fill-in-the-blank forms and general legal information. CaseDefender is not a law firm, does not act as your attorney, is not affiliated with any law firm, and does not provide legal advice or legal representation. No attorney-client relationship and no attorney-client privilege is created by using this service. You are representing yourself. Any document you produce is your own document: you are solely responsible for reviewing it for accuracy, for every legal decision you make, for confirming it complies with the rules of your court, and for filing and serving it on time. Court rules, deadlines, and the law vary by state and by court, and they are strict. CaseDefender cannot guarantee any result and is not responsible for the outcome of your case. If you want advice about your situation, consult a licensed attorney in your state; your state bar association maintains a referral directory.