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mymichl · Oct 1, 2007, 05:01 PM

I just got paid on Friday and put 1600 on my checking account. When I tried to use it, my card got declined. I call the bank and found out that Capital one put 1600 of my money on hold due to unpaid credit card debts. If I can remember correctly, my credit account limit from Capital one was $500. I use to own a condo and foreclosed on it due to getting laid off from my job. This caused me to go bankcrupt and got behind on all my bills. Can credit cards company garnish your money from a cheking account? The lady from my bank said Capital one had a court order that is why they were able to garnish it even though the court date is not for two weeks. Please help, I need that money for my rent. Also, why did they put a hold 1600 instead of what I really owe?

Thanks!

mr.yet · Oct 2, 2007, 03:49 AM

Any garnishment must be signed by a judge, call the bank a get a copy of the Writ of Garnishment, if no judge signed it tell the bank to release it.

If it is signed file Motion to Vacate Garnishment, violation of due process.
If they have not obtain a judgment the garnishment is invalid.

mymichl · Oct 2, 2007, 06:58 PM

Thanks Mr Yet!

I will call the bank first thing in the am. Where do I file motion to vacate?

Fr_Chuck · Oct 2, 2007, 07:06 PM

Also you said you went "bankrupt" if you really did and this debt was inclunded in your bankrutpcy, they can no longer collect.

To garnish ( attach) your checking account, they will have to had gotten a judgement from a court. If they have a valid judgement, and it was obtained properly, there is nothing you can do.

mymichl · Oct 2, 2007, 08:11 PM

Hi Mr. Fr_chuck,

No, I didn't file for bankcruptcy. I meant I went broke due to trying to pay all my bills until I couldn't catch up anymore. So does this mean it's no use filing for motion to vacate garnishment? Also, why did the charge almost triple? Can they take more money than owed?

Thanks
Michl

ProfB · Oct 3, 2007, 01:09 PM

Originally Posted by mymichl

Hi Mr. Fr_chuck,

No, I didn't file for bankcruptcy. I meant I went broke due to trying to pay all my bills until I couldn't catch up anymore. So does this mean it's no use filing for motion to vacate garnishment? Also, why did the charge almost triple? Can they take more money than owed?

Thanks
Michl

Your defaulted credit card has been collecting interest and penalties this entire time. Collection companies charge late fees every month and outrageous interest fees. It will keep growing until its paid in full