Sued for Synchrony Walmart Card? Here’s How to Win Your Case

Walmart recently ended its 19-year partnership with Synchrony Bank. The retail giant switched to Capital One Financial Corp as its new credit card issuer.

Capital One acquired Synchrony’s $10 billion existing portfolio of Walmart card accounts. The new issuer is now reaching out to debtors to collect outstanding balances.

Capital One often uses aggressive debt collection tactics. You may face a lawsuit if you have unpaid Walmart card debt.

You can fight back and win your case.

File Your Answer Before the Deadline

Never ignore a credit card lawsuit. Courts give you limited time to respond to the complaint.

Missing the deadline results in a default judgment against you. The credit card company can then garnish your wages, levy your bank account, or place liens on your property.

Your deadline to file an answer varies by state. Texas gives you 14 days unless served by publication (then 42 days). New York allows 20 days if served by hand and 30 days for other service methods.

Our partner Solo can help you file a proper answer to your lawsuit.

How to Write a Strong Answer

Your answer must address whether you owe the debt. The court doesn’t care why you can’t pay.

Listing reasons you can’t pay is an admission you owe the money. Focus on whether the allegations are true.

Respond to every numbered paragraph in the complaint. Admit only what you know is completely accurate. Deny anything that isn’t entirely true.

You can deny the amount claimed. You can deny that you owe Capital One specifically. You can deny the debt entirely if appropriate.

Never write a single statement denying everything. Address each allegation separately and specifically.

The plaintiff must prove their claims. Your admission makes their job easier by confirming their allegations as true.

Use the Statute of Limitations Defense

A statute of limitations sets a deadline for creditors to sue you. Capital One likely acquired many old debts from Synchrony.

You may be able to dismiss the case if the debt is too old. Each state has different time limits for credit card debt.

New York has a six-year statute of limitations for most credit card debts. Recent court decisions reduced some credit card debt limits to three years.

Check when you made your last payment on the account. If it exceeds your state’s time limit, you have a valid defense.

Raise the Defense in Your Answer

The statute of limitations is an affirmative defense. You must raise it in your written answer.

Judges rarely know the debt’s age from the lawsuit papers alone. The complaint usually doesn’t mention when the debt originated.

Include this defense in your answer if it applies. The court must dismiss the case if the statute has expired.

Challenge Capital One’s Legal Standing

Capital One is a debt buyer, not your original creditor. You never signed a contract with Capital One.

The company must prove it legally owns your specific debt. Many debt buyers can’t provide sufficient proof of ownership.

Capital One needs more than an assignment letter. The company must demonstrate it owns your particular account with proper documentation.

Some states require debt collectors to have proper licensing. New York mandates licenses for all debt collectors.

Verify the Collector’s License

Check your state’s Department of Consumer Affairs website. Search for Capital One or the law firm representing them.

An unlicensed collector cannot legally pursue your debt in court. The court must dismiss cases brought by unlicensed collectors.

You can use our partner Solo to help you challenge improper debt collection lawsuits.

Additional Defenses That Work

Several other defenses can get your case dismissed or reduced. Consider consulting a defense attorney to identify your strongest arguments.

You Already Paid the Debt

You have a complete defense if you paid the debt in full. Partial payments may reduce the amount owed.

Gather proof of all payments you made. Bank statements, cancelled checks, and receipts all count as evidence.

The judge may dismiss the case if you prove full payment. Partial payment proof can reduce the judgment amount.

Bankruptcy Discharged the Debt

Bankruptcy discharge eliminates your legal obligation to pay certain debts. Discharged credit card debt cannot be collected.

This is an absolute defense to any debt collection lawsuit. Provide your bankruptcy discharge papers to the court.

The case must be dismissed if the debt was included in your bankruptcy.

You’re Only an Authorized User

Authorized users aren’t responsible for credit card debt. Only account holders and cosigners can be sued.

An authorized user has permission to use the card. You never agreed to be responsible for payments.

Cosigners are different from authorized users. Cosigners sign the credit card agreement and accept joint responsibility.

Check your credit card agreement. If you didn’t sign as a cosigner, you can’t be held liable.

How to Respond to Your Lawsuit

Responding to a debt lawsuit doesn’t require an attorney. You can file your own answer with the right guidance.

Address every allegation in the complaint. State your affirmative defenses clearly. File your answer before the deadline.

Our partner Solo walks you through every step of responding to your Capital One lawsuit. The service asks simple questions to build your answer.

You can print the completed forms and mail them yourself. You can also have Solo file the forms for you and include an attorney review.

Taking action protects your wages, bank accounts, and property. Filing an answer is your first step toward winning your case.