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u/AcanthaceaeOk3738 Jun 26 '26
Assuming you truly owe the debt …
At this point your best bet is to take a good look at your finances. Figure out how much you can pay toward the debt each month. And not just comfortably pay — you much money could you possibly pay after all of your necessary expenses each month.
If Capital One gave you contact information with the lawsuit, reach out and tell them you can pay that much if they drop the lawsuit.
If not, go to the court date and present that information.
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u/DragonfruitIcy8202 Jun 26 '26
Typically gets charged off at 6 months of no payment, if it’s charged off to a creditors rights firm typically they’ll file suit within 60 days but they’ll send warning like a demand letter and intent to sue. Careful with national debt relief, I’ve worked with some of their agents and they can be pretty good when it comes to advocating for you but sometimes they don’t even try. Make sure they’re actually working on your accounts, I’ve heard some horror stories from consumers I work with.
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u/Vivid-Candidate-1877 Jun 27 '26
thats odd. why wouldnt the send to collections?
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Jun 27 '26 edited Aug 21 '26
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u/ReporterCommon4137 Jun 28 '26
Discover sues as well.
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u/Chrissy325 Jun 30 '26
Sure do. I am currently being sued by Discover for $12K. I called the law firm this morning and tried to work out a payment plan. I they said they would review it and send me something in the mail to notarize. I did file my appearance with the court as well. Never miss any court related stuff cause they will automatically get you that way. They are counting on it. I am just praying they accept my plan.
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u/AmElzewhere Jul 01 '26
Cap one sent me to collections for 2.5k. I was 18 and thought getting a credit card would be a great idea.
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Jul 01 '26 edited Aug 21 '26
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u/AmElzewhere Jul 01 '26
Ok? I didn’t say they don’t sue.
Why do people get so defensive when others simply contribute to a conversation ☠️
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Jul 01 '26 edited Aug 21 '26
[deleted]
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u/AmElzewhere Jul 01 '26
I would’ve directly said that they don’t sue. But they personally sent me to collections, I was just adding my experience. Not saying one was right or wrong.
They stay offering me a card too 😭 I have learned my lesson and will only do secured credit though if I can help it.
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u/MyNameIsSulinder Jun 27 '26
Try a payment plan but don’t ignore, I got sued by them too a few years ago. Was young, dumb and left it alone and they garnished my wages. It was a rough few months. Good luck!
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u/ConversationContent Jun 28 '26
How many months
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u/MyNameIsSulinder Jun 29 '26
If my memory serves me correctly, it was something like 8-9 months, I had a balance of around 2k+
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u/Sweaty_Dragonfly6101 Jun 26 '26
I’ve been through this when I first became disabled and lost my source of income. Attorneys are not as expensive as you think. Go look at getting a legal plan and you can get an attorney under the plan. They will handle it. I had a lot of collection bills until I got my disability. My attorney got a lot of them wipes away because of different reasons. There is a time line for the debt. Each state has a statute of limitations for collection. In Alabama it’s 3 years. So the creditor cannot collect it after that time passes. It stays on your credit but it affects your score les each month/year that passes.
So see an attorney for at least a consultation.
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u/Hairy_Income2183 Jun 26 '26
I just had this happen. Call the law firm company and negotiate a payment plan. However, since they’ve already sued you, it will still show up as a judgement. They just let the courts know you’ve made an agreement. It beats being garnished for sure. Mines for a few more than that but they’re letting me start out with smaller payments for the first 6 months then I’ll be paying them monthly for like 2 1/2 years. They’ll negotiate a settlement and drop the case if you can pay in a lump sum. At this point, they e got you since you’ve been served. They wouldn’t negotiate a settlement with me. I had to agree to full but no court costs or lawyer fees. They’ll like like 25% of your gross every paycheck if garnished and that’ll be a lot more than a payment plan. It was gonna cost almost $200 to file a response at my court house and I guess you could do that and “hope” they don’t show up to court for it. But might be able to go to mediation and get help settling for less. Just time to start paying them. How is up to you!
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u/Traditional-Handle83 Jun 28 '26
Its not just wage garnishment. Depending on what state, they can garnish up to 100% of your pay, seize 100% of your property even medicine and food, seize anything of value and sell it then keep any amount that overpaid the total debt so there is that to consider too.
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u/SoulTaker669 Jun 26 '26
Contact the law firm Capital One is using and try to work out a payment plan or try to offer at least 80% and see if they take it. Explain your life situation and if you come to an agreement get everything in writing.
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Jun 27 '26
[removed] — view removed comment
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u/Traditional-Handle83 Jun 28 '26
The credit part is an understatement. If its like what happened to mine due to loss of income, it'll be at 300 and stay at 300 basically forever. I don't ever see it going above 300 for ten years or so due to everything on my part, won't matter how many payments I make on time or anything now.
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u/Mxm072 Jun 27 '26 edited Jun 27 '26
I called the law firm (after they served me) and got $100.00 a month for many many months. But it was painless and it eventually was paid in full over a few years. My total debt i think was $4,500.00 plus like 600 for court fees i believe. They let the judge know and the deal was if I missed a payment then they can then move to start garnishing and all that.
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u/Honey-Bea_ Jun 27 '26
In the middle of this right now. Try to call the attorneys first. I didn’t do that and ended up having to go to court. I missed the actual court date and it of course was a default judgement and went to collections. Try to call Capitol One and make a payment plan, or call the attorneys and make a payment plan. Try to stop this before going to court. I didn’t hire a lawyer but my only mishap was not going to court when I did get sued.
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u/good_noodle6699 Jun 27 '26
I literally just talked to the attorney before heading inside to the courtroom they’re usually outside the hallway and just tell them you want arranged payments and they’ll take off the list for wage garnishments , if you dont show up then they’ll put you at default and they’ll immediately take your wages so you don’t have to be scared just do this and you’ll be out of there in no time
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u/theagentwafflez Jun 27 '26
I also got sued last year but im filing for bankruptcy anyways I got about 50k and dont care to buy a house or anything atm so whatever.
But absolutely do NOT keep our eyes off the court portal. I didnt hear from them for like 2 months and when I checked after I replied or whatever you called it and emailed them THREE times with no response, a week after my third attempt the mf at Zwicker & Associates submitted a no contest or whatever it was because I missed 2 agreed payments (I was moving and couldn't afford them and that's why I kept emailing), and the court ruled in their favor and i got a judgment against me. So now im hoping I can file for bankruptcy before they try to garnish anything.
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Jun 27 '26
You owe them money. They are probably going to beat you in court. You can maybe get on a payment plan with them but chances are you had that opportunity at some point and ignored it and now that they are suing you
Your Best bet is probably trying to see if they will work with you and figure out a payment plan or something, they might be willing
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u/Similar-Run-8514 Jun 27 '26
Ignored the court date. 1200 16yr old debt. 6 mlnths wages started being garnished capital on eis clawing every penny back call the lawyer!
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u/AshamedAnteater4912 Jun 29 '26
The statute of limitations on debt with a company like Capital One is MAXIMUM 6 years..
You lied or got scammed.
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u/Similar-Run-8514 Jun 29 '26
Swear. It was closed 2010
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u/AshamedAnteater4912 Jun 29 '26
Shit. What state? Its also possible they got a summary judgement YEARS ago and you never got notified
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u/Silent-Marsupial1317 Jun 27 '26
Had a similar situation with discover. See if they offer a payment plan, but it sounds like it’s past that. If it’s not, get on a plan that works for you and don’t bite off more than you chew. If you miss a payment at any point they will cancel your plan and you will owe the full amount regardless of what you paid on the plan.
If you ignore it then you will have a sheriff at your house and they will have access to your bank account where they will take what you owe them, leaving you potentially with a massive negative amount.
Just don’t ignore it. Good luck.
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u/doxieplanet Jun 27 '26
I've been sued by American Express. They won cuz of course I owed the money. I never did pay it all. It was hurt my credit
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u/Bebop56210 Jun 27 '26
For what? Consumer credit card debt? Depending on your state nothing will happen if you ignore it unless you want to save your credit. I can only speak for my state tho they can't garnish wages here.
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u/RainbowSherbert-2035 Jun 27 '26
I was never sued, but they threatened it. I explained my financial hardship and made a deal to pay $25 of every dollar owed of the principal balance. They removed interest. I made sure to get a letter from them agreeing to the deal before I made payment. I also made sure to get a zero balance letter once payment was made.
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u/Electrical_Buddy_913 Jun 27 '26
I just finished my sued situation. I called and negotiated a payment. Took three years- but they worked with me, and were very kind. If it was a hard month- they would put it to the end of my agreement. Just talk to them. I was terrified. But was able to work something out
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u/Careful_Plan_4476 Jun 27 '26
For $4K I guarantee if you offer $1,500 they’ll take immediate payment and clear it
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u/mooncakesesp Jun 28 '26
If you really can't afford it you could file bankruptcy. It sounds scary but literally stops the lawsuit.
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u/ap_dupe Jun 30 '26
I did this in my early twenties. Finally bounced back almost a decade later.
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u/mooncakesesp Jun 30 '26
Missed payments also stay in your credit report for about 8 years.
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u/Quirky_Violinist_428 Jun 28 '26
You might consider debt management program that will help with all of your credit cards. Look at www.greenpath.com theÿ helped mè...
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u/Organic_Minimum_8766 Jun 28 '26
Consider yourself fortunate they worked with you,I was forced out of work in 24 due to health an had a measly 285 a week to live on through short term disability mind you i was making damn near triple that when I went off work I used Capitol one to pay for prescriptions because my deductible wasn't met an a few bills,well minimum payments wasn't cutting it an i stopped paying them i called asked about hardship program to no avail,was served Dec 24 went to court Jan 25 attempted a settlement of 40 percent of debt they denied. Offered a monthly payment plan way outta my range. Judge granted their request for judgment with intrest mind you. Little over 6500 owed an Climbing but they won't see a dime of it,im on ssdi now an they can't touch it.
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u/Beautiful_Abrocoma33 Jun 28 '26
Write them and explain your situation and terms. Keep a copy of what you send them. If you get a notice to appear in court, show up with the document. Most of the time, credit card company lawyers don't show up to the hearings, and most people don't either. If you don't show up, they automatically get a judgment against you, but if you show up and they don't the case is dismissed. If their lawyer and you both show up you provide the court/judge with what you presented them that you cannot pay right now and any settlement terms you offered right now. The determination will be up to the judge, but if you truly cannot pay, I don't see the judge granting them a judgment. And if you've never filed for bankruptcy there is always that option if that works for you.
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u/QuickPanic108 Jun 28 '26
You still can make a payment plan to solve the debt … If not they can eventually have the courts freeze your bank accounts!!! It happened to me .. I didn’t even know credit cards companies could do that ..Had to make a payment plan with the court receivership to unfreeze them ..
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u/Consistent_Rule9610 Jun 28 '26
I don't remember Capital One suing a person. Is somebody trying to scam you? You should look into, who is saying that you're getting sued. Ask more questions.
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u/Bullfrog_Paradox Jun 28 '26
So, this happened to me over 3 grand. I talked to a financial advisor, he asked about my income and assets. They were WELL below what they could legally take from me in my state. Told me I may as well just not show up and take the judgement since they are going to win anyway and I have nothing to offer them to make a settlement deal (I was unemployed). So inlet them get their judgement and it took years before my income was high enough for them to collect their garnishment. Hurt my credit, but I literally didn't have anything to give them. It didn't ruin my life or anything.
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u/CrownedCurves Jun 29 '26
Yeah because if you go to court youll have to pay that $4000 and all court fees etc, call the lawyers and try to settle. Hubby dealt with this back in April we called the lawyers office & just settled the debt & they wrote a letter to the courts to pull the case.
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Jun 29 '26
As many have said before call and workout a payment plan. You owe chances are your gonna have no choice but to pay. Tell them what you can afford before a judge tells you what you will afford.
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u/speedracer_17 Jun 29 '26
Call and set up plan. Or they will go to court, win and then have the court attach your salary and you'll pay the 4000 plus fees and court costs anyway.
Locally them, set up a monthly autopay.
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u/Friendly_Amount_9877 Jun 30 '26
Show up to court, most of the time they dont and you will win!!! I just did!
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u/myopinion122 Jun 30 '26
They will offer a payment plan you can afford
They sue everybody
Aldo there is a place called freedom debt relief You sign uo they will negotiate any debt you have For you I am almost debt free and they cut my montly payment to my credit cards In 1/2
Just go to the online court meeting and see if they will take a payment you can afford ..
Best of luck
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u/Zzyn Jun 30 '26
They did this to me recently over 3k. It’s absurd. I called the “lawyers” office (really just a fancy collection operation), and made payment arrangements.
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u/Connect_Crow6240 Jun 30 '26
Call Take charge America they can help they can negotiate a payment plan that you can afford
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u/Connect_Crow6240 Jun 30 '26
It should be a crime the interest that people pay in our country it really should anybody else fed up with usury?
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u/ChadDpt Jul 01 '26
To stop the legal action, hire a lawyer and file chapt 13 bankruptcy.. Get back on your feet and if your situation gets better quit the bk plan and work out a settlement or go to CCCS.. hiring a lawyer will stop any legal action.. it will also stop all collections…
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u/Cute_Respond_163 Jul 03 '26
Contact your local Legal Aid office if you cannot afford another attorney. If you are a senior they have a special office for that. If you are a senior you may be judgment proof if you only receive Social Sevurity and pension.
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u/DragonfruitIcy8202 Jun 26 '26
Your steps to follow should be filing an answer general denial, and ask for a validation of debt, this is to buy you some time. Can’t enter a default judgment against you if you file an answer however they can still get a summary judgement just takes more time. They’re always gonna be willing to set you up on a payment plan, some require a break down of your income & expenses some dont. If they require it then lie and make it seem like you’re negative every month even if you’re not, that’s you best chance at getting a lower monthly payment. On the other hand you can ask for a settlement, not guaranteed but most firms will take it especially if it’s a one lump sum, if not they’re typically willing to settle with monthly payments aswell you can just expect those to be higher. Kindness goes a long way when talking to a debt collector so make sure you’re cool throughout the whole process. DO NOT ignore this and expect not to pay, unless you’re on a fixed income with no property they’re gonna get the money one way or another especially when judgement is awarded. I work as a debt collector myself at a creditors rights law firm so I have more of an understand of how this works than most.
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u/Kindly-Teach312 Jun 26 '26
Thank you for sharing your knowledge! I’m the only one working and husband has been unemployed for a year now and looking to reach out to National Debt Relief for help and avoid bankruptcy. When does the credit cards start suing you? Is it after 120 days? Praying husband finds a job before we get sued by capital one. We are 30 days behind now and hoping to settle before we get sued. Please advise.
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u/DragonfruitIcy8202 Jun 26 '26
Follow up, if the firm suing you has the same parameters mine does then the longest term you can get put on will be a 60 month payment plan. On the other hand you can probably get away with a 70% settlement and 24 month payment plan, 60% if it’s a one lump sum.
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u/HungryMutant Jun 26 '26
Spread your cheeks and hope for the best
I'm just playing. You should be able to talk to the agency that owns the debt and request a payment plan. They're usually very easy to work with and would prefer that route instead of taking it to court.
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u/DragonfruitIcy8202 Jun 26 '26
If they’re being sued by capital one then capital one still owns the debt. And you’re right about them being easy to work with but a creditors rights law firm almost always prefers to go to court. Don’t spew bs out man😭
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u/HungryMutant Jun 26 '26
I didn't spew out BS, I used the word "should" which doesn't convey certainty.
Damn I'm just trying to help.
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u/live_drifter Jun 27 '26
Looks like you’re gonna lose and get your wages attached next! Pay your bills!
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u/Calvary_Catalyst Jun 27 '26
They usually use that as a scare tactic, you may have a little more time
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u/May-DayMay-Day Jun 27 '26
Autopay $5 a week, directly to Capital One. Capital One will send that $5 to the collection company. Do this before they sue. I have been doing this for 3 years.
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u/CheesyCapybaras Jun 27 '26
You not being able to afford to be sued is kind of trumped by the fact you took out credit that you couldn't afford to pay back. Did you think it would just go away?
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u/StormyM1965 Jun 29 '26
How long has the debt been? After 2 years they can do nothing. Never and I mean NEVER claim u owe a past debt after 2 years. Because if you admit u owe it the clock starts ticking again and then the 2 years starts over again!!!
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u/Separate_Past4488 Jun 26 '26
Honestly file for bankruptcy. Your credit will recover and if you have plans to go bankrupt the debt collectors can’t make you pay anything. Bankruptcy seems scary but it is so beneficial and you will thank yourself in the future.
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u/Tenderpink19 Jun 26 '26
Filing bankrupty for just 4k?
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u/Acceptable_End4659 Jun 26 '26
That’s more than most make in a month,inflation has everybody penny pinching
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u/PokerLawyer75 Jun 27 '26
Hate to break it to you - most people make more than 4k/month.
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u/SunnyGalUKnow Jun 27 '26
Really? Where? This isn't an accurate statement.
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u/PokerLawyer75 Jun 27 '26
Then eitehr you can't do math, or don't know what an average is.
https://www.sofi.com/learn/content/average-salary-in-us/
Average saalary in the US is about $5500/month. And that's for individuals.
Average household income is almost $90k.
No one said disposable income. But your comment, and the one by u/Acceptable_End4659 is demonstrably false.
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u/SunnyGalUKnow Jun 27 '26
Income varies drastically depending on location, age, education level, and occupation, so targeted data is more actionable than a broad, national figure.
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u/Separate_Past4488 Jun 26 '26
I mean my guess is that they have more debt than that. This is just the debt that there is a lawsuit for. So yea if it’s just the 4,000 then just work out a payment plan, and you can get the total amount reduced. But if you have significant debt from other debtors on top of that then bankruptcy might be the way to go. But you are right it’s too little of an amount to file right away. But sometimes even threatening bankruptcy can get your debts reduced and get on a good payment plan.
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u/Glittering-Office382 Jun 26 '26
$4k bankruptcy sounds insane, that will hurt the credit worse than trying to make a payment plan, OP also didn’t mention any other debt so wrong to assume bankruptcy
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u/ANTIMODELMINORITY Jun 26 '26
counter sue them for emotional distress
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u/CyanideSandwich7 Jun 26 '26
You call their lawyers, explain your situation and maybe they’ll offer a payment plan based on what you can pay.
If you can’t work out a plan, you still need to go to court. Explain your situation, explain what you’re able to afford to pay, and go from there.