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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.
Please allow me several minutes to read your facts and type my response.
If you receive an email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.
There is no reason you can't do both: a civil lawsuit and file criminal charges.
What you may want to consider is retaining a local attorney to see if they can be some help in getting the criminal charges filed or making Capital One back off of you owing the debt. They can potentially do this by threatening to file a civil lawsuit against Capital One or threatening to file Bankruptcy on that debt (whether you would actually file bankruptcy or not is not the issue - it is whether the lawyer can make them think you would).
It should be relatively inexpensive to have the lawyer handle this part since it is just a matter of writing letters and making phone calls. Although if you do decide to sue Capital One you will probably want to use a lawyer, since they will use lawyers, and you can sue them for your attorney's fees as well.
If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.
I am going to be offline for about an hour. You can still post your response and I'll see it when I get back online.
I am back if you have any followup questions.