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Your problem is that you are being sued by an original creditor, not a debt buyer. You will lose in court, others can comment on whether Cap One has an arb clause, or if they follow. If I were you, I'd be figuring out what I kind of settlement you can afford. At least they can't garnish wages in TX, so when they win you'll just have to live using cash and not having a bank account.

 

 

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