If you have legal documents that need to be served upon a Capital One entity, you're certain that the correct entity is named in your litigation and you know the correct place to have them served, you can skip reading the rest of this page and go directly to our process service web site. We do, however, recommend that you at least browse through the information on this site. It may help you avoid making some of the same mistakes that others have made.
Our discounted fee for routine service on Capital One at its corporate office is $39 and our fee for routine service through its registered agent in Richmond, VA is $45, plus any express shipping charges that may be required. We're at both locations several times a week, so unless you're dealing with a time-critical situation you shouldn't need to upgrade to Rush or Emergency service. To go directly to the "Contact Us" page our main web site, click HERE.
Before continuing, we need to make the disclaimer that we are not attorneys and nothing on this site should be construed as legal advice. We can't and don't offer legal advice of any sort, under any circumstances.
What we do offer is knowledge gained through years of serving Capital One. We think it can benefit both attorneys and non-attorneys, and can increase your chances of obtaining effective service the first time. So let's get to the important stuff!
Q. "Where is Capital One's corporate office?"
A. Capital One's corporate office is located at 1680 Capital One Drive McLean, VA 22102.
Q. "Is that where I need to have them served?"
A. There are two places where Capital One can be served personally; at their McLean office listed above or through their registered agent, Corporation Service Company, which is located at 1111 E Main St, Suite 1600 Richmond VA 23218.
Some divisions or subsidiaries are headquartered at different locations in the Richmond VA area, but Capital One will not accept service there. Some clients have insisted that we try, and the results have always been the same. Our server was turned away and referred to either the corporate headquarters or the registered agent.
Q. "What about their office at 15000 Capital One Drive, Richmond, VA?"
A. We've been getting a this question a lot more often lately, apparently because of a blog about where to mail subpoenas for various banks. We can tell you for certain that Capital One will not accept personal service of any legal documents at that location. On occasion clients have insisted that we try and the result has always been the same; service refused.
If your state is one of the few that allows subpoenas to be mailed, mailing a subpoena to that address may be an option for you. We have no way of knowing because as process servers we never mail subpoenas; we serve them personally.
Q. "Does it make any difference which address I choose for service?"
A. In theory, unless you need rush or emergency service, it should make no difference, but that's not necessarily true. As of 2012 we've had a few reports that either Corporation Service Company had refused to accept documents for certain Capital One entities or that Capital One had later asserted that Corporation Service Company was not the registered agent for that particular entity.
We don't know any more about it than that, and we can't guarantee that the information is accurate, but to err on the side of caution, we recommend that all documents be served in McLean, VA.
Q. "I don't live in VA and I'm bringing my action in a court in my state. Can I still serve Capital One in VA?"
A. We've served papers from all over the country on Capital One's corporate office and its registered agent in VA and service has never been refused because the action was brought in an out of state court. We've never heard of a court that won't allow out of state service of its documents, but if you're concerned, check with the court in which your action is being brought.
Q. "Why can't I have my legal documents served at a Capital One location in my own state?"
A. It's our understanding that, like many large corporations, Capital One will accept service ONLY at its corporate office or through its registered agent. Consequently it's highly doubtful that you could just walk into any Capital One location and hand them a legal document. You could always try, but we doubt that you'd be successful, so why make things more difficult than they need to be?
Q. "Don't state laws require corporations that do business within the state to have a registered agent within the state?"
A. We've been told that some states have such a requirement, but we don't know which states do or don't. If you're determined that you want to serve Capital One in your own state, go for it! You can contact an attorney or the office of the Secretary of State for information or advice about the registered agent requirement. From what we've been told and have read on the Internet, the research has taken people a lot of time and the results haven't been positive. Our recommendation is that you serve Capital One in Virginia, where you know for certain that service will be valid.
Q. "I was told that my state doesn't allow service directly on Capital One - that I need to have my legal documents served on Capital One's registered agent. Is that true?"
A. We've never heard of a situation where state law prevents a litigant from directly serving a corporation and forces him/her to serve a registered agent - but that doesn't mean that some law in some state might not require it. We can't possibly keep current with the process service laws of all 50 states, and we aren't attorneys, so we can't and don't provide legal opinions.
We can say for certain that we've served legal documents from all over the country directly upon Capital One at its corporate office in McLean. It's generally faster to serve them there than it is to serve them through their registered agent in Richmond, but we do serve at either place.
If you want to serve Capital One's registered agent in some state other than Virginia, you'd need to provide the name and address of the registered agent in that state. We can get documents served in all fifty states, and we'd be happy to quote the service, but you might be better off dealing directly with a process server in that locality.
Q. "OK, Great! Thanks! I'm all set now, right? "
A. Not so fast! There's more that you need to know.
The first thing is that there is no such legal entity as "Capital One".
Although they use that name in commercials, printed material and on their web site, "Capital One" is a federally registered trademark or service mark - not a corporation, so any legal document with that name runs the risk of being rejected. There have been instances where documents naming "Capital One" were accepted and other instances where they weren't. We can't say for sure, but we suspect that it had to do with the type of legal document that was being served.
To be on the safe side we suggest that you take the time to identify which entity you need to name in your documents.
Below are the Capital One entity names for which we've received legal documents for service. Capital One refers to them as "the Capital One family of companies".
Capital One, N.A.
Capital One, N.A., Member FDIC
Capital One, National Association
Capital One Auto Finance, Inc
Capital One Bank
Capital One Bank, N.A.
Capital One Bank, National Association
Capital One Bank (USA)
Capital One Bank (USA), N.A.
Capital One Financial Corporation
Capital One Home Loans LLC
Capital One Services, LLC
Capital One Settlement Services,LLC
Additionally, we've either served, or been advise that Capital One will accept service for the following acquisitions:
Chevy Chase Bank
North Fork Bank
There may be others, and as we become aware of them we'll add them to this site.
Q. "What about service on HSBC? I heard that they were acquired by Capital One. Do I serve them at the same places?
A. No. HSBC was not acquired by Capital One. According to our sources at Capital One, they simply have a servicing agreement with HSBC, so Capital One cannot accept any legal documents on behalf of HSBC. We've served documents for HSBC Bank on its registered agent, CT Corporation System at 4701 Cox Rd. Suite 301 Richmond, VA 23228. Our fee for routine service is $45.
Q. "What happens if I make a mistake in the Capital One entity name?"
A. Our clients have reported that when the entity name was not correct, Capital One responded to lawsuits by stating that the entity named was not a party to the contract, and to subpoenas by stating that it was not the Custodian of Records for the information that was being sought.
We're told that it doesn't have to be a gross error in order for Capital One to dispute a service or defend against a subpoena. Clients report that the difference could be as little as naming Capital One Bank instead of Capital One Bank, N.A. or Capital One Bank, N.A. instead of Capital One Bank (USA), N.A..
We don't pretend to understand Capital One's organizational structure or the differences between these variations. We're only reporting what clients have told us. So bottom line, it would seem to be prudent, if not essential, that you name the Capital One entity exactly as it was listed in the source documents.
Q. "Yes, that makes sense... But what if I don't have a source document?"
A. Believe it or not, that's more common that you might think. Most often it happens when somebody didn't retain a copy of a credit application, or in divorce situations where one spouse wants to subpoena the credit card records of the other. If your action is related to a current Capital One account or credit line and you have access to the monthly statements, the entity name should be listed on the statement. If you don't have access to a statement, we have a few other suggestions.
1. Check your credit report
If the litigation has to do with you (or if you're an attorney, your client) and you have access to a current credit report, check it for any information reported by Capital One. The information in credit reports is put there by the creditor, and from what we've seen, Capital One reports by entity - not in some consolidated form. So any information in your credit report would reveal the Capital One entity or entities that you've done business with.
If credit was refused because of information in your credit report you're entitled to a free copy of that report. You can contact the creditor who refused you credit and follow their procedure for getting a copy of the credit report upon which their decision was based.
Even without a denial of credit, you're still eligible to obtain one free credit report annually from each of the three major credit reporting firms. You can obtain your free copy by clicking the following link:
Worst case, you can sign up with one of the "dot-com" companies with the bands that sing about credit reports. There's a fee to join, but you'll have the information you need, and you'll be able to follow up later to see whether or not your credit report was affected by your litigation. You can find them all if you Google "credit report".
2. Repeat the process
If you don't know the issuing entity for credit cards and you don't have the original application (most of us don't, or maybe we applied online) you can probably find out by checking a current application. Pick up a Capital One credit application of the same type and look for the entity name.
An alternative is to go to their web site and start to apply online. Sooner or later you'll be asked to agree to Terms and Conditions. You're always given the opportunity to read them before agreeing, so read them. And somewhere in the terms and conditions (probably at or near the beginning) should be a statement of which entity you're making the agreement with. Chances are good that it will be the same one that has the information about the existing credit card.
3. Contact Capital One
Despite the frustrations that people have experienced trying to get effective service on Capital One, we don't think that they deliberately make things difficult for consumers. Like most large corporations, if they are served with a legal document that's in some way flawed or incorrect, they reject the service or defend against it. If you need to subpoena information you might consider contacting Capital One at their corporate office and asking them which entity would most likely have the information you need.
Unfortunately the contact information isn't prominently displayed on the Capital One web site. You need to go to the bottom of their home page and find the VERY small, VERY light type and start following links. Rather than make you go through all that, we've posted Capital One's contact information here:
Attn: General Correspondence
PO Box 30287
Salt Lake City, Utah 84130-0285
4. Use common sense to reduce the number of possibilities
If you think about it for a minute some things will become obvious. For example, if you're dealing with a mortgage, home equity loan or home equity line of credit the most likely possibility would be Capital One Home Loans or possibly one of the banking entities.
If you're dealing with a credit card issue you don't need information from Capital One Home Loans. Most likely you're looking for either one of the banking entities or for Capital One Financial Services.
If you're issue is related to an auto loan brokered by an auto dealer, you'd most likely want Capital One Auto Finance
Transactions related to other types of loans such as business loans, lines of credit, bank automobile financing, checking account overdrafts, etc. probably involve one of the banking entities.
5. If all else fails, consider using the "shotgun approach"
When time was of the essence, some of our clients had us serve the same subpoena on every Capital One entity that could logically be involved in the matter being litigated. The theory was simply that one of them had to be the Custodian of Records for information being subpoenaed.
To help our clients keep the cost of service as low as possible, we discount our fees for any additional documents relating to the same case that we serve on Capital One at the same time and place.
Q. "What happens if I name the wrong Capital One entity in my legal documents?"
A. From what we've been told there is no single answer. We've been told that if you make a minor mistake Capital One may or may not let is slide. We've also been told that if you name an entity that's CLEARLY wrong, Capital One will probably advise you of that fact, but they won't tell you what the correct entity is. Most likely you'll have to either amend your complaint or issue a new complaint or subpoena.
As previously stated, we aren't attorneys so we can't tell you what the next step would be. If you're represented by counsel or plan on hiring an attorney you should ask that question to him or her. If you're representing yourself you should ask the court in which your action was brought. They can't give you legal advice either, but they can answer questions about the court's procedures.
To make that point a bit clearer, the court personnel can't answer a question like, "What are my legal rights in this case?" or "Have I raised the right issues in this document?". What they can answer are questions like, "How do I correct a mistake in my legal document after it's been served?" or "What do I do if the other party doesn't respond?".
See the difference? The first two questions required a legal opinion, while the others required only a knowledge of the court's procedures.
Q. "What kinds of legal documents can State Court Services serve on Capital One?"
A. We can serve any type of Civil document. The documents we serve most often are summonses, complaints and subpoenas.
On the topic of subpoenas, one of the most common mistakes we've seen made is to serve Capital One with a subpoena that doesn't give them adequate time to respond. This typically results in having to serve them a second time.
The time that a recipient has to respond to a subpoena may vary from one jurisdiction to another. If you're a non-attorney we recommend that you consult an attorney or the court through which the subpoena is being issued.
Q. How long will it take Capital One to either comply with or contest a subpoena?"
A. We have no idea. After we complete a service we typically don't hear anything more from the client unless a document needs to be re-served.
From what Capital One has told us, the recipients in McLean record receipt of the subpoena and then forwards it to the appropriate department. That department will either provide the information, contact the issuer to negotiate the response time or the material to be provided, contest the subpoena, or forward the subpoena to Capital One's local counsel for the area where the subpoena originated.
Q. "What does it cost to serve legal documents on Capital One?"
A. That depends on who you choose to do the service. If your action is being brought in a court outside of Virginia, the Sheriff charges $75 per document, and as far as we know, won't make a commitment as to how soon it will be served. Private process servers are usually much faster. They set there own fees, which seem to run anywhere from $60 to $75 per document for routine service.
In our case, Capital One is one of our frequently served businesses, so our fee for routine service at their corporate office is only $39, and service on their registered agent is $45. For rush or emergency service please call for a quote. As previously stated, we also offer discounts if you need to serve multiple papers relating to the same case at the same time (e.g. "the shotgun approach" mentioned in #4 above).
Q. "If Capital One disputes my claim or contests my subpoena will you refund my money?"
A. No. We can't take responsibility for the content or legal correctness of documents we serve. As we said before, we're process servers - not attorneys. Our function is to deliver what we're given to Capital One or its registered agent and to provide our client with an affidavit or proof of service that complies with the requirements of the appropriate court.
Q. "If I direct you to serve Capital One at a different address and they refuse service there, will you then serve it at the corporate office or on the registered agent?"
A. Yes, but that will be considered a separate service and will be subject to an additional service fee. It requires the same amount of time, effort and recordkeeping to attempt service at a wrong address that it does to attempt service at a valid one.
Q. "Is State Court Services located in McLean or in Richmond?"
A. Neither. Our office is physically located at the junction of Virginia, Maryland and West Virginia, and we serve legal documents in all three states. We have server coverage in both McLean and Richmond and we're at Capital One several times a week, which is why we can offer such low fees.
Q. "What's the best way to get a legal document to State Court Services for service?"
A. That depends on your situation. We can accept documents by mail, express, fax or as email attachments. If you need immediate service we suggest using fax or email. That way we receive your documents immediately, enter them into our system and electronically forward them to whichever server needs to have them. There's no extra charge for faxed or emailed documents that are a total of 30 pages or less. We charge $0.15 per page over 30.
If you aren't in a huge hurry you can mail or express your documents. Typically documents received by mail or express are served at the corporate office in order to eliminate the delay and costs associated with sending them to Richmond for service on Capital One's registered agent.
Q. "How do I pay for service?"
That's up to you. Payment is due at the time that your documents are received, and we offer several convenient payment methods. You can include a check or money order with your documents or pay by debit card, credit card or PayPal from the "Pay" page on the State Court Services web site.
Q. "How do I get to the State Court Services web site?"
If you'd prefer to click on a typewritten link, or to type or copy and paste our web address into your browser, it's www.statecourtservices.com
We've even made that easy! Just click on either the pillager or the client below and our "Contact Us" page will open in a new window. That page gives you all the information you'll need to reach us or to send documents to us.