![]() However, according to a recent court decision, the statute of limitations for some credit card debts can be as short as three years. New York, for example, has a statute of limitations of six years for credit card debts. This limit varies by state and the type of debt. Capital One is likely to acquire very old debts, and if you're one of these debtors, then stating a statute of limitations may be a valid defense. When you agree, you state the allegation is true.Ĭonsider the Statute of Limitations DefenseĪ statute of limitations is the time limit a creditor has to file a lawsuit against a debtor. Note: It is the plaintiff's burden to prove their allegations unless you admit to the allegation. Then provide a specific response to the allegation you disagree with. You need to respond to every numbered section in the complaint. If you disagree with all the statements, you should not write a single line stating that you deny everything on the complaint. For example, you can deny that you owe the amount listed or that you owe Capital One Financial Group. Admit to those statements you agree with and deny those parts that aren't entirely true. The best way to file an answer is to address all the statements made by the credit company. As such, if your answer has a list of reasons you can't pay, the court may deem it an admission that you owe the debt. The court is not concerned with why you haven't paid your debt the court wants to decide whether you owe the credit card company. The content of the answer also determines whether the judge will rule in your favor. ![]() In New York, you have 20 days to file an answer if you've been served by hand and 30 days if served via another method. When filing an answer, your first concern should be the length of time allowed to file the answer, which varies by state.įor example, in Texas, debtors have 14 days to file an answer unless served by publication (this allows a window period of 42 days). This means the credit card company may be able to garnish wages, levy your bank account, or apply a lien on your property to collect a debt owed. These cases often have a limited window for the defendant to file an answer, and if you fail to file an answer, are late, or provide an incomplete answer, the court will enter a default judgment against you. You don't want to ignore a lawsuit from a credit card company. If you find yourself a victim of this situation, see below for how to win your lawsuit.įile an Answer Promptly to Avoid Default Judgment Capital One is even more likely to use aggressive debt collection tactics, including lawsuits. As a result, the new credit issuer will likely begin reaching out to debtors to pay credit card debts. Conversely, Synchrony expressed frustration with Walmart's reduced marketing efforts aimed at selling Synchrony's credit cards.Ĭapital One's take over meant that it needed to purchase a $10 billion existing portfolio. Walmart stated that Synchrony was taking a significant portion of its revenue and contributed to its losses. The merchant switched to Capital One Financial Corp, ending a 19-year partnership with Synchrony. Walmart, a renowned retail merchant, recently dismissed its long-term credit issuer, Synchrony. Summary: Are you being sued by Capital One for an old debt related to your Synchrony Walmart Card? Find out why you are being sued and what you can do about.
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