I realized yesterday that my bank account has been frozen due to an unpaid debt to Capital One in the amount of roughly $1600. A judgement was entered in VA on 10/09 and the order to seize the account in 12/09. The return date is 2/10. I was never served for any of these court dates, neither by mail or in person. After contacting Capital One, I was able to determine that the paperwork was served to our previous address (in VA ~ we moved to NC in 2006).
My husband and I are jointly on the account. I have no source of income, thus all of the money "belongs" to my husband. The account includes his VA benefits. My bank has held the amount on the order they received and has released the remainder to us.
I was contacted by phone by Capital One in Sept. '09 to inform me of an "impending court date" (no specifics given) with the opportunity to settle the debt. I requested validation of the debt as I was not familiar with either the account number nor the amount owed. I never heard back from them and assumed it was an error.
The questions...Do I have grounds to have the motion set aside based on 1-improper service or is the last known address good enough and 2-I live in NC and am being sued and required to appear in another state? Can I still dispute the debt with Capital One even though a judgement has already been entered? If so, will disputing the debt stop the garnishment and require the bank to release all of our funds? Can the bank hold the full amount when there is a joint account holder and some of the funds come from the VA? Can (and if so how do) I petition the bank to release my husband's money? I believe VA monies are exempt from garnishment (?). Do you know a round-about figure an attorney will charge to help us with this?
I'm sure I have more questions, but will start with these.
Thank you!
Motion to set aside
Do I have grounds to have the motion set aside based on 1-improper service
**Probably, check Rules of Civil Procedure in the State where you were sued. All States have rules as to what constitutes "service". They probably had to serve you or someone 18+ in your household. If you didn't live there, it wasn't your household. You have to move fast though before the money goes to them. Once they get it in their greedy hands, good luck getting it back.
Can I still dispute the debt with Capital One even though a judgement has already been entered?
**Disputing the debt is done with third party debt collectors, not original creditors. You could dispute it with the attorney who filed the lawsuit but not with Cap One.
Can the bank hold the full amount when there is a joint account holder and some of the funds come from the VA?
**If your name is on the account, they can take it unless it is SSI benefits.
Do you know a round-about figure an attorney will charge to help us with this?
**That varies greatly as to where in the country you live but most attorneys are going to ask for a retainer of a few thousand dollars to start.
I am NOT an attorney but I hope I was able to help a little.
I am not sure how soon you have after a judgment is places to have it vacated but I would check and see if this is possible. call the clourthouse and ask them if it is too late to file a motion to vacate the judgment.
When you sent the valdation letter do you send it by certified mail return reciept? If so that would be proof you were not given proper validation. By looking at your dates it seems you requested validation after you moved so they should have had your current address from the validation letter. You could prove that if someone from the collection company signed for the validation letter.
Collectors are notorious for sending information to a previous address. One of their tricky tatics.
freezing bank accounts
Can a lawyer debt collector freeze your bank account with only mailing you a letter or does the letter need to be served?
freezing bank account
Hi Harold,
Can I know what this letter is about? A lawyer can serve you through mail. However, this also depends on the state laws. You need t check your state laws regarding serving summons.
Thanks,
Aaron
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