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can Cap i garnish bank or wage without serving you personally or by registered mail?


teresminor
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Can a creit card company freeze your bank account without a court order HANDED to you?Capital one- Time issue here.

Hi all.

A while ago I decided not to pay any credit cards to get caught up on Mortgage, Maintenence, secures loans,phone, coned, and living.Going throught Loan mod process, will deal with CC later

Some credit cards worked with me for lower payments for a year, but Cap one- no go.

My normal payment monthly with them was 120ish per month. Now they want 900.00 to keep current. Going on 5 months without paying them. Getting very nervous. Have never been so late with a payment

Research on the web has many horror stories of them just emtying out you account. (they know mine, I always paid online) or freezing bank accounts.

So, looked up the law (NY) and saw it takes a court order to do that legally, although people speak about fraudulent activity on Cap 1 part. (Saying they sent notice,when none was sent, etc)

So,

Anyway, I thought, I guess, since they do not want to work with me they will send me a judgement(server?) to show in court, but my concern is that they will SAY they sent one and commence garnishment.. On the other hand if they HAVE to SERVE you or send registered mail,and freeze my account without having done so then they would have to prove that and if we went to court it would work in my favor.

I am going to change bank accounts, but my big concern is wage garnishment. I know some judges will see hardship and detirmine you work out a plan, which I am willing to do(they aren't), but my job is such that I get called when needed, and if it was too much trouble with a wage garnishment, they can call the next person "on call" down the list(i am an Independant Contractor with a steady place I work), thus avoiding the law that states you cannot fire someone for one wage garnish order.

Wondering if any of you have had experience with either Cap 1 and how agressive they are-- or-- working once it gets into court with a judge to work out a plan.

Any advise appreciated.

Thanks,

Teresminor Reply Reply With Quote .

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I do not think the non-service thing is an issue in New York anymore now that the state AG has cracked down on the service processors who were cutting corners. Another member of the board would have more information on that.

Now Cap 1 tends to be aggressive in suing people so you will end up in court eventually. There are other threads in this forum on how to deal with that and the collectors who will probably call once the 6 month mark has been hit.

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Guest usctrojanalum

Could you have your bank account garnished without someone handing you a summons, yes. In NY we have something called 'nail and mail' service. This is where a summons is taped to your door and followed up with two additional mailings of the summons and complaint by regular USPS mail.

And the above poster is correct, NYAG, sued 35 collection agencies and attorneys for hiring a bad process server who served summonses but did not serve them according to the letter of the law. IMO, he was wrong for going after the companies they did nothing wrong and were equally the victims as the consumers were. That is neither here nor there.

CapOne around here does not sell debts, and they will sue you after about six months or so. They send most of their work to Rubin & Rothman, Kirschenbaum & Phillips and Cohen and Slamowitz.

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USC- "they did nothing wrong and were equally the victims as the consumers were. That is neither here nor there". Just curious do you think these companies were truly ignorant of what was going on with these process servers? With all the myriad FDCPA/FCRA/TCPA and other alphabet soup violations that the debt buying industry (and even some normal collectors up the food chain) are guilty of I wouldnt personally think theyd balk at all at sewer service when even with valid service so many debt lawsuits result in default judgments. (shrug).

Oh and on the Cap one front Ive looked deeply into my local court records for the last 2 years in my county and they are almost never suing here. And the few that I DO see seem to be junk debt buyers suing in their name (palisades, Cach etc) indicating at least to me that these debts are VERY old and have been bought probably.

I wonder if they are not suing nearly as much in S.C. since they cant go for the slam dunk wage garnishment here?

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Thank you all for your replies.

The letter I recieved was on Capital Oneletterhead paper(logo and all) but said serviced by Global credit. Does that mean it was written off or they are in house.(And does that mean anything). I will contact them to try to get a lower monthly payment, but heard they are notorious for saying no(They have said no when I was not late and saw a reduction in income a month away.)

Trying to avoid garnishment., of course.

Anyone know if the judge ever intervines and says Ok. you owe them, lets set up a non garnishment payment plan.(that's my parayer)

Thanks for your thoughtful responses.

teresminor

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Hi,

Yes, NoBK4 me, I just checked and there is nothing in collections and I still have a balance with Cap one. Guess their bill collectors are inhouse? GLOBAL CREDIT.

My guess is its getting close to the papers to court.

Not sure at this point if I should just call and ask for a seriously low minimum payment to them for a year (they can only garnish 10% in NY anyway) or let them take me to court and ask the Judge. If they garnish my wages, the companies I work for have others to do the work. They just won't call me back. It would be less hassle for them. I would essentially be unemployed with no option for unemployment ins.(i am an Independant contractor)

Just wasn't sure if the Judges do that if I explain the situation. So stressed.

Also, I work as called on so for example one paycheck is $100.00 another $600.00. Wonder how they would come up with the amount? I guess average or look at old 1099's?

Any insights?

Thanks again for your responses,

Teresminor

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Uhhhh, if you are an independent contractor, then I wonder of your pay is considered wages or an asset. They may not be limited to the 10% rule if the pay for your work as an indie is an asset rather than a wage (and since it is not regular...).

You could contact a lawyer about this now before you get sued. They will be able to guide you.

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Guest usctrojanalum
Just curious do you think these companies were truly ignorant of what was going on with these process servers?

Yeah it would be impossible to know what the process servers were doing. And to put out some knowledge not many people do not know - what the process servers did here, is that they went to the the home of the defendants to serve the papers, if the person was there great - they got individual service or suitable age service. If they were not, then they taped it to the door and effected nail in mail service. In NY you are not allowed to nail a summons and complaint to a door until you have visited the address on 3 separate occasions and each time no one answered.

What these process servers were doing was going to the address if no one answered, they would tape it to the door on the first attempt and just fabricate the other 2 times they went to the house to satisfy the 3 attempts rule. So yeah the papers were not "served" according to the letter of the law, but the papers were "served"

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The problem here is that the process server was an independent contractor of the debt collection company. By the rules of the IRS, the JDB (or OC) is not allowed to look into how the business is performing its job, the can only control the end product. In the NY cases, the end products looked fine. Only when a defendant was able to argue about how they were served and made a complaint to the AG was when everyone found out the process server was cutting corners.

Now, even though the JDB did not commit the crime, they could have had the judgments vacated as a result of the "Fruit of the poison tree" legal concept. Somehow a deal was made where this was not the case however. The JDB though was just as much a victim in this case as the debtor.

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