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    enidangel's Avatar
    enidangel Posts: 4, Reputation: 1
    New Member
     
    #1

    Oct 26, 2008, 12:50 PM
    Capital One suit
    Quote Originally Posted by ScottGem View Post
    Depending on where you live they could take up to 25%. Cash assets could be savings, checking etc.
    Hello - I don't know if I'm using this site correctly, but I'm also in the same boat as this person with Capital One. A judgment has already been entered against me and they said in the letter I received that if proper arrangements weren't made the judgment may include bank and wage garnishments, where so allowed by law. I only receive a check from Social Security Disability and a very small check from the Oklahoma State disability aid. I understand they can't garnish Social Security Disability checks, but once deposited, can they take it from my account. My house is also in my name and need to know if they can attach a lien and how does that work.

    I lost my job also and have now injured my back and am looking at back surgery. So, there is no way I can get a part-time job right now.

    Can anyone give me advice on the bank account garnishment and a lien against my home. I tried also to make arrangements, but short of paying this in full, they were not interested in working with me.

    Thank you... enidangel
    Oklahoma
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Oct 26, 2008, 01:04 PM

    First its not a good idea to piggyback your question on someone else's. This can lead to confusion. You should start a new thread. So I've moved your question to its own thread.

    First, you need to immediately deleiver a letter to your bank advising them if the judgement and stating that the only amounts deposited in your account is from disability payments that are exempt from attachment. This will usually forestall the plaintiff from filing an attachment on the bank account.

    Most states do not allow a lien or attachment of a primary residence for unsecured debt. So I doubt if you have a worry there.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Oct 26, 2008, 02:28 PM

    It really helps to spend a little bit of time browsing around to get a feel for how a site works before you post.

    Please do not use e-mail or PMs to ask for a follow-up. We will generally not respond. Use the Answer This Question options to post a follow-up.

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