capital one/lien/bank garnishment

[momz4]

What is the name of your state (only U.S. law)? Ohio
Long ago I had a ccard w/capital one - couldn't pay on and they would not negotiate and kept adding interest. Filed a lien on my home, lien is to expire in 2011. They have pursued several non exisiting bank accounts, but now they have garnished my credit union savings account which only had about $300.00 but my 16yr old child also had an account with the same bank and I was co-signer because he is a minor. He had over $700.00 from his hard earned money that he makes from his (1st) part-time job. On the paperwork from the judment they were only to take "in excess of 400.00"
I received a letter from the bank stating they sent 601.00 to the judgement.
So they took all that was in my savings (300.00) and took from my son's account (300.00) and left him 400.00 in his account. Was this right for them to take from his account? What can I do to fight this? I have a right to respond to the court by 10/14/09 but the bank has already removed the funds.https://forum.freeadvice.com/images/smilies/frown.gif

 

[Zigner]

Sounds to me like you owe your son $300.

This might be a good way for you to show him how credit can be damaging to a person if not handled properly.

 

[Antigone*]

What is the name of your state (only U.S. law)? Ohio
Long ago I had a ccard w/capital one - couldn't pay on and they would not negotiate and kept adding interest. Filed a lien on my home, lien is to expire in 2011. They have pursued several non exisiting bank accounts, but now they have garnished my credit union savings account which only had about $300.00 but my 16yr old child also had an account with the same bank and I was co-signer because he is a minor. He had over $700.00 from his hard earned money that he makes from his (1st) part-time job. On the paperwork from the judment they were only to take "in excess of 400.00"
I received a letter from the bank stating they sent 601.00 to the judgement.
So they took all that was in my savings (300.00) and took from my son's account (300.00) and left him 400.00 in his account. Was this right for them to take from his account? What can I do to fight this? I have a right to respond to the court by 10/14/09 but the bank has already removed the funds.https://forum.freeadvice.com/images/smilies/frown.gif

This is perfectly legal since you are an owner of your son's account. There is no way to fight this. You should pay your son back, in addition to the rest of your credit card debt.

 

[gemswabbit]

If you are expecting any sympathy from this forum, you'll be disappointed.
However, I feel your pain...and again, repeat...the Banking Industry is greedy...they may have the law on their side, but ethically...they're using the system worse than anyone who has ever been welfare. I hope you can dump Capital One once and for all and stick with your credit union.

 

[TigerD]

If you are expecting any sympathy from this forum, you'll be disappointed.
However, I feel your pain...and again, repeat...the Banking Industry is greedy...they may have the law on their side, but ethically...they're using the system worse than anyone who has ever been welfare. I hope you can dump Capital One once and for all and stick with your credit union.

What the hell are you talking about?

He can't dump Capital One. They dumped him long ago when they sued him. Now they are forced to used every legal means to regain the money the OP stole -- and yes, I meant stole. For many years he has refused to pay his bill. He had ample opportunity to make payments. And he refused to do so. This isn't something new. And there is nothing wrong with creditor using those tools we granted under law.

Just like there would have been nothing wrong with the OP's filing for BK.

DC

 

[Antigone*]

What the hell are you talking about?

He can't dump Capital One. They dumped him long ago when they sued him. Now they are forced to used every legal means to regain the money the OP stole -- and yes, I meant stole. For many years he has refused to pay his bill. He had ample opportunity to make payments. And he refused to do so. This isn't something new. And there is nothing wrong with creditor using those tools we granted under law.

Just like there would have been nothing wrong with the OP's filing for BK.

DC

DC,

You may not have noticed, but the cwazy wabbit is a whiner (say that three times fast)

 

[annajosie]

I don't believe that the OP can recover any of the funds that have been taken. She/he will have to consider it a loss.

My advice to the OP would be to CLOSE the account at the credit union because Capital One will continue to take money as long as there is money to take DUH!!!!!

The son should open an account somewhere else and have someone else (family member, family friend, whatever) as the co-owner of his account. That way, any monies he puts into that account cannot be touched by Capital One.

The fact that the OP owes money to Capital One is a moot one. Obviously the OP cannot or will not pay Capital One so all the whining about owing the debt is useless. Kind of like beating a dead horse!!!!

 

[JETX]

Was this right for them to take from his account?

Yep. Your name was on the account.

What can I do to fight this?

Pay them. Oh, and you can also repay your son for the money that he lost due to YOUR failure. Your son should never have allowed a deadbeat to be on his account.

 

[StephenH]

If your son can prove that the money was intended for his savings, you might be able to exempt it in court. Bringing his pay stubs may prove it to a judge.