New York City Debt Collection Defense Attorney
888.271.7109
Menu
Cutting-Edge Legal Representation Manageable Fee Structures

We Defend You Against

Capital One Bank (USA), N.A.

Capital One Bank actively brings lawsuits in the State of New York. We defendant you against them. We also defend you against active judgment enforcement, including bank levies and wage garnishments. Capital One Bank is often represented by law firms appearing on our Debt-Collector List.

If you need help, call us at (888) 271-7109, or complete this form.

Capital One is Often the Named Plaintiff

Often, original lenders don't sue or sell their debts to debt buyers, but Capital One Bank usually keeps debts and sues to get the money. They use a "business record affidavit", a written statement from a witness, to prove their case. If you're being sued by Capital One, you should learn about evidence rules and how to challenge these statements and related documents. Taking action will help you defend yourself.

Court Denies Capital One's Summary Judgment Due to Insufficient Evidence in Credit Card Debt Lawsuit

In Capital One Bank v. Joseph, the court denied Capital One's request for a summary judgment to settle a claimed credit card debt. The bank couldn't provide sufficient proof of their claim and the court found issues with the evidence they submitted, leading to a decision for the case to go to trial.

3 Key Points in Capital One Bank v. Joseph:

  1. Capital One Bank failed to provide enough evidence to establish its entitlement to a summary judgment.
  2. The affidavit provided by Capital One's representative was found insufficient, as the representative only started working at the bank two months prior to the affidavit's date and was not able to demonstrate personal knowledge of plaintiff's standard office practices.
  3. The court decided that the case needs to go to trial due to the lack of adequate proof from Capital One Bank.

Case Citation: CAPITAL ONE BANK USA NA v. JOSEPH, No. CV–008157–13, Oct. 7, 2013.

New York Statute of Limitations: 15 FAQs​

What must a debt collector prove to win a summary judgment motion in New York?

To win a motion for summary judgment in New York, a debt collector typically needs to establish the following:

  1. Existence of Debt: The debt collector must provide concrete and admissible evidence that the debtor indeed owes the debt. This may include signed loan agreements or credit card statements indicating that the debt is due and unpaid.

  2. Ownership of Debt: The debt collector has to prove that they own the debt or have the authority to collect it. If the debt has been sold, the collector may need to provide a chain of assignment demonstrating that they have the right to collect on the debt.

  3. Amount of Debt: The collector must accurately specify the amount of debt owed, including principal, interest, and fees, if applicable.

  4. Default: The collector needs to show that the debtor is in default, which means that they have failed to pay or respond to the debt within a stipulated time.

In consumer credit card debt cases, the debt collector often needs to submit an account statement and prove that the defendant received the statement and did not object to it within a reasonable amount of time. This proves an "account stated" claim, a common cause of action in credit card lawsuits.

What is a "Motion for Summary Judgment"?

A Motion for Summary Judgment is a request made by one party in a lawsuit to the court to resolve the case, or specific issues within the case, before it goes to a full trial. This is typically requested when one party believes that the facts of the case are undisputed and clear enough that a judge can make a decision without needing a jury or full trial to deliberate on the issues at hand.

The party filing the motion (the movant) must provide evidence supporting their claim that there are no significant factual disputes in the case. This evidence could be in the form of affidavits, depositions, or other documented evidence. They must also show that they are entitled to judgment as a matter of law.

If the court grants the motion, it means that the court agrees with the movant and the case (or the specific issues) is decided without a trial. If the motion is denied, the case continues towards trial.

It's important to note that a Motion for Summary Judgment can be a complex legal strategy and should be handled with the assistance of a legal professional.

Failure to Establish Meritorious Defense Results in Affirmation of Default Judgment in Capital One Case

Summary: The defendant defaulted twice in appearing for a lawsuit filed by Capital One Bank, which aimed to recover $1,443.27 due to a breach of a credit card agreement. Despite his attempts to vacate the default judgment, the court refused, as he failed to provide a meritorious defense, thus upholding the default judgment.

3 Key Points:

  1. The defendant defaulted twice in appearing for the lawsuit brought by Capital One Bank.
  2. Although the defendant made several attempts to vacate the default judgment, his efforts were denied due to improper service, failure to appear on the return date of the motion, and ultimately, his failure to demonstrate a meritorious defense.
  3. Despite being given an opportunity to provide proof of payment in support of his defense, Erhabor failed to do so, leading the court to maintain the default judgment.

Case Citation: Capital One Bank v. Samuel A. Erhabor, No. 2007–1038 K C (July 8, 2008).

Walmart Seeks Early Termination of Billion-Dollar Credit Card Partnership with Capital One Over Alleged Service Shortcomings

Walmart has filed a lawsuit against Capital One, aiming to end their credit card partnership prematurely due to alleged subpar customer service. The partnership, initiated in 2018, involved Capital One as the exclusive issuer of Walmart's private label and co-branded credit card program in the U.S. Walmart claims that Capital One failed in at least five critical service areas, such as not delivering replacement cards within the obligated time frame and inconsistent posting of transaction and payment information. However, Capital One argues that these issues were minor, have been resolved, and do not provide grounds for terminating the partnership.

Persistent Billing Issues and Unsatisfactory Customer Service at Capital One

Pattern of Complaints filed with the Better Business Bureau:

  1. Misunderstanding over interest and late payment charges: Customers report being charged interest despite having paid off their bills in full and on time, along with late payment charges despite following payment reminders.

  2. Poor customer service and communication: Customers are dissatisfied with the quality of customer service, particularly noting unhelpful call center interactions, and complaints about communication misunderstandings such as unclear payment due dates related to time zones.

  3. Difficulty closing accounts and disputing charges: Customers report problems with the process of closing accounts, disputing erroneous charges, and correcting inaccuracies in billing statements.

  4. Duplicate complaints: Several complaints were returned or received no resolution due to them being duplicates.

More information to help with a wage garnishment:

Here is a list of New York City’s Marshals who enforce wage garnishments:

If you need help, call us at (888) 271-7109, or complete this form.