Questioner: robert Subject: Capitol One Credit Card debt from 2002
Question: QUESTION: I have just received a letter from my bank here in
NY that my checking account funds are being withheld, and a copy of the
Restraining Notice and Judgment for a Capitol One CC debt from 2002
when I lived in Florida. The account is a direct deposit $459.00
pension account only.I immediately called the banks legal department
and then the collection company and spoke to the attorney there who is
handling my case. I explained to him that I paid on that CC only the
charges that were mine and not the charges that were scammed by someone
other than myself or anyone I know, and the charges were dismissed
against me. However, he claims that I now owe for those charges, plus
all the late fees since 2002. The amount of the charges were less than
$1000 and the total debt is now over $6000. I shredded all my paperwork
from Florida when I left there and do not have any proof of the CC
statements. Big Mistake!I relocated back to New York State in 2002. I
am 65; retired in 2000; divorced in 1991 and pay QDRO from my pension
to my ex that leaves me with a $459/month pension; have no real
property; a 1996 Blazer with 135,000 miles in fair to poor condition;
rent apartment with a 72 yo female companion where we share the
expenses.Any advice you can give me would be appreciated. Thank
you.ANSWER: That’s a tough one to say the least but it also can be
turned into a great benefit to you. They have illegally garnished your
pension funds. They can’t do that. It is against the law for them to do
that and you can make them return all the money and pay dearly for
having done it. You have to file in federal court but you can do that
for free by filing in forma pauperous. Of course, when you win you will
have to pay the filing fee of $350 but you can make them pay that for
you on top of having to give back all the money they took. You might
also be able to include the bank as a co-defendant although I wouldn’t
guaranteed that. After all, they were an accomplice to the act. They
obeyed the court order and knew or should have known that they could
not legally allow that to happen.The lawyer and the plaintiff would
have to pay you some heavy damages and attorney fees as well. You can
also make them vacate the judgment and garnishment proceedings that
allowed it to happen to ensure that it don’t happen again. And you can
learn how to do it without hiring a lawyer to do it for you. That way
you get the attorney fees as well. You should end up with at least a
couple of thousand or more on top of getting all your money
back.