How to sue Capital One Sevices, LLC/Capital One Bank (USA), N.A-South Carolina

[Prynceton]

My question involves court procedures for the state of: South Carolina
Involves: Capital One Services, LLC & Captial One Bank (USA), N.A.

I think my question is pretty straight forward. I know I have a suit and that I need to file in small claims but I'm in a jam because I can't figure out who to serve. I went to my Secretary of State but they can't tell me which business is directly related to the branch of Capital One I am suing so I don't know which registered agent is supposed to be served.

I tried calling the main office Capital One to find out who their registered agent for South Carolina was and either get sent to voice mails or that we don't have one. I wanted to file this past Monday but can't cause I'm still up the creek with the and believe it is Capital One Bank II (a business on record with my secretary of state) but am unsure.

Should I just blanket every branch of Capital One registered in SC and let them figure it out or am I going to wrong way about this? It's only for $350 so when I talked with attorneys they pretty much all said I have a clear case but the amount they charge would exceed the winnings easily.

All help truly appreciated.

 

[justalayman]

well, since you never said what the suit involves or why you are suing them, how is anybody supposed to be able to tell you which business to sue.

 

[Prynceton]

Hey,

Thanks for the response. It's civil litigation small claims court. I did not see the point of giving the reason for suit as it has nothing to do with the question. I'm just looking for an avenue to find the registered agent of the corporation in my state or if there is an alternative to which I should file (i.e. serving the Viriginia branch via my Secretary of State). Which would be for:

Capital One Services, LLC

Not to be rude but why would any other information be relevant?

 

[justalayman]

Not to be rude but why would any other information be relevant?

because you have more than one corporate entity listed with each providing services apart from the other. While they may (or may not, haven't checked) be held by the same parent company, when you sue somebody, it's a good idea to sue the right company. Otherwise it doesn't do much good.


beyond that, depending on why you are suing them, suing them in small claims court, or even South Carolina may not be possible. Heck, depending what this is about, you may not be able to sue them at all.

 

[Prynceton]

Without going into details,

Money was lost by means of neglect by Capital One for which the funds were verified to be sent and received.
When questioned, 2 representatives of the company knowingly committed fraud by stating the funds were there when in fact they weren't. An employee later found out (20 minutes later BTW) that the employees had in fact committed fraud and stated such on the record that they had.

Since the incident the actions committed by Capital One Services, LLC has cost my company over 2k in damages due to loss of advertising funds and operating cost not to mention the multiple torts committed by the company. The 2 lawyers I had spoken with said that the case would be heard in small claims court but that the cost of representation for $3500 (Amount looking to sue for) would not suffice for legal representation.

$7500 is my state's limit for small claims.

 

[racer72]

One of 2 things is going to happen if you find the correct entity to sue. First and most likely, you will be offered a small settlement to go away, it would cost them more to go any further. Option two, if they feel you don't have a case and money spent is worth the principle, they will hire a law firm to defend them. This generally will involve moving the case to a higher court, throwing an ungodly amount of legalese your way and generally steamrolling you before you ever set foot in a court room. This would only be the beginning.

 

[justalayman]

this appears to be the listing of the registered agent for Capital One Services II LLC

http://www.sos.sc.gov/index.asp?n=18&p=4&s=18&corporateid=405680

I could find no Capital One Services, LLC.

this is a list of all corporations registered using the term "Capital One" in their name.

http://www.sos.sc.gov/index.asp?n=18&p=4&s=14


well, I guess those links don't link to where I was.

go here (I think) and type in Capital one and search

http://www.sos.sc.gov/Search%20Business%20Filings

 

[Prynceton]

I appreciate it and really am looking for the settlement but hitting with enough firepower to cause thought from Capital One on what the merits of the case would be. If I can get 2k from the deal I'd be happy. Everything which occurred was recorded and all employees were identified and the US employees also have identified themselves for civil litigation purposes so hopefully I can just do a one shot one kill.

I doubt they'd see a positive from using a legal team for this case.

 

[Proserpina]

They already HAVE the legal guns. It's not as if they'd have to pay the guns any more or any less than the (likely massive) retainer they're already paying.

The very last thing I'd want to see is you not only getting nowhere, but having to pay THEIR legal fees, too.

Those could likely bury you.

 

[Prynceton]

I appreciate the legwork also, I could of jumped on it myself. The thing that makes this better is the registered agent is for all branches of Capital One. I think I may just try to do investigating with them and see if I can distinguish if they represent the company's. Not confrontational just a friendly inquiry if this is the right agent in case I did have something come up.

 

[justalayman]

the branches are not individual companies therefore there is only one registered corporation and one registered agent.

You also have to realize that federal banking rules and company policy likely plays a large part in this situation. Without really understanding what actually happened, I cannot point you to any specifically applicable rules but you should research the situation in those areas.