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  #1  
Old 10-10-2007, 09:33 AM
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Join Date: Oct 2007
Posts: 2

Garnished Checking account by Capital One


What is the name of your state? NY


Due to health issues I've been unable to pay a judgment by an attorney's office for a capital one credit card bill, they recently garnished my checking account which was already overdrawn to start with, the bill was orig like $1000.00, then with judgemnt it came to $2000.00 now they garnished my account for $4000.00 and refused to make any settlement or discussions unless I went to my local branch and have the branch mgr FAX them (The collector person working in/for the attorney office) a screen shot of my current balance and only AFTER I do so will THEY contact me.. The branch mgr advised that she'd never heard of any collector or lawyer making this request and refused, but after 10 mins of sobbing and pleading agreed to fax the screen shot but only after I signed a a form stating I was requesting this of the bank.
This was a Friday, Monday was a holiday. Tuesday morning I call the number I'd called on Friday (lawyers office) and it's been disconnected, my bank ALSO attempted to call, and they agree it's disconnected. My bank said, the garnishment will be removed in 30 days.
Is this true? Does the garnishment get removed by the bank after 30 days regardless of weather I pay it or not? Or I come to any resolution with the attorneys office whom placed the garnishment? My family is willing to help me, but only within reason, and I'm truly unable to pay the orig 1000.00 muchless 4000.00

PLease help!!
  #2  
Old 10-10-2007, 11:07 AM
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Join Date: Jul 2005
Location: Missouri
Posts: 3,809
Unfortunately you live in New York. Everything over the judgment amount plus interest will be refunded within 6 to 9 months.

Sorry, but that's just the way the system works in NY.

DC
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  #3  
Old 10-10-2007, 11:21 AM
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Join Date: Oct 2007
Posts: 2
The account was already overdrawn, there is nothing to take, nor do I have anything to put in the account, how does that work? My bank will allow this account to stay open and overdrawn by 4000.00 forever if I don't have anyway to pay these people?

Why are they demanding a snap shot of my account?
I mean now they can clearly see I had no money before this happend.

I want to clear it up, but I can't pay 4000.00 to do it, why can't they take it in 2 or 3 payments and release the account?
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