garnishment- capital one

In West Virginia, wage attachment is done by a suggestee execution. This is a type of order issued by the clerk to your employer that a certain portion of your wages will be withheld for paying the creditor.

In order to carry out this wage garnishment, the creditor has to obtain a valid judgment and needs to sign an affidavit mentioning that the disposable income of the debtor is more than 30 times of the federal minimum wages after deducting the state and federal taxes.

In West Virginia, creditors can also file for personal property of an individual. Make sure that you have taken the consultation of your attorney and know the legal procedure.

Trina, I'm having a little trouble with capital one myself. Did they send your account to a CA for collection or did they just up and sue you?

They have a collections dept. at capital one: told me I had to pay $300/month or they would garnish. I could not afford to pay that much, so sent what I could. Within 2 months, they took it to court and ordered a garnishment of my bank account (old account thank goodness). But, was told by my attorney they are hard to deal with and would pursue garnishing my wages.

You might like to get sure about the legal aspects before the collection agency garnishes your wages. No wage garnishments are possible without court notice. And, the amount set in the wage garnishment is decided by the judge after hearing from you. You must get a notice to show your appearance at the court.

My employer received this today to garnishee my wages. It does not say that it is court ordered and there is no set amount and no phone number to contact the firm doing this. How do we handle this? I called the court house and I have no court order against me for this. What do I do?

I went to my bank to day and was told that a hold by Capital one, I called them to find out that they are Garnishing my bank account, which is a joint account with my wife. Can they do that. and on top of not giving me notice.

I found out the hard way myself...Capitol One Garnished my bank acct and took everything from my daughter's. I am just a 2nd person on hers just in case. It is not my account. They completely drained her account. And they still want to take more. I am afraid to let anything go into that account. I couldn't even pay my rent! Had to go to 2 payroll advance places just to get funds to pay my rent. Yes, I owe them $500 for purchase, the other $1000 is the crazy interest and fees. How can this be legal. How can a judge okay this court order. It wasn't even an option for my wages, took without prior notice from my bank account. This is what is wrong with our Country.

I am in the same situation as everybody here... they garnished my account, they send me to court in Richmond, va like 3 1/5 hours from where i live, anyway i couldn't go either, well they took the money out of my account (i didn't have more than $300 though) but now i just don't owe money to my bank, but i still owe money to capital one they took the whole amount out of my bank and now they are charging me for the court, judge, and God knows what else. my debt was for $500 and ended up being $2300... And like i said before now i owe to my bank and capital one... and i don't pay 'cause i'm not working!!!

Capital one collections tried to take a couple thousand dollars out of my savings account WITHOUT any legal right to do so. My bank confirms that this was fraud, and that there was no legal action taken against me that would permit them to do this. This was also confirmed by checking my credit report. The federal trade commission agreed that this was a fraudulent attempt on the part of capital one collections. My bank can confirm that this was done by "capital one collections" and "direct merchant services inc" was also listed on the same transaction. I don't know what to do about it... Can anyone advise me on the type of attorney I should consult with to defend my rights?

Contact a consumer affairs attorney, preferably one whose sole practice is consumer business, not a jack-of-all-trades. Initial consult will probably be free. I've filed a lawsuit against a collection agency. Got a great lawyer to handle it - no upfront fee.

Thanks for the info! I am looking into such an attorney now, and a consumer business attorney is exactly what I need. I also plan to contact the attorney general in my state to file a complaint and see what help they can offer. I don't know what I'm looking to "do" about this but I certainly will defend my rights in any way possible and make sure that fraud is not overlooked. Thanks.