Need help with Capital One.

[CHRISF]

I went to small claims court with Capital One (by Brumbaugh & Quandahl). Capital One was awarded a judgment of $1300 plus interest of $90 plus court costs of $80. I was ordered to pay $50 a month toward the judgment.

I paid the $50 a month every month for 4 months when all of a sudden Brumbaugh & Quandahl garnished by bank account for an amount of $1,420.58which froze my bank accounts.

I took out a loan at the credit union for the amount of $1,420.58 to pay off the garnishment and unfreeze my accounts. What about the payments I already made? How can they do this when I was making my payments? I was told by the Clerk of Court's office that if they received a payment even 1 day late they could garnish my accounts. So I'm paying off the garnishment but what about the payments I already made?

[Gibson]

Sounds to me like they tagged on a few surcharges.

Out of curiousity, why didn't you take out this loan before the court date? You probably could've negotiated a much smaller settlement.

[CHRISF]

I wasn't able to get a loan at the time of the court hearing. The loan was actually tacked on to a car loan I was in the process of getting when the garnishment was served on my bank. The loan officer graciously added it to the loan so they wouldn't have to freeze my account.

Apparently I was a week late with my last payment and Capital One's attorneys' considered that a default on the judgment. That was the nastiest, rudest woman I have ever spoke to on the phone and, frankly, I don't know how that witch sleeps at night.