Debtconsolidationcare.com - the USA consumer forum

Forums
  • Latest topic

I got my bank account garnished and now my wages

Date: Wed, 11/30/2011 - 19:41

Submitted by Andybub
on Wed, 11/30/2011 - 19:41

Posts: 3 Credits: [Donate]

Total Replies: 6


I got my bank account garnished they took all the money out of it, and now going after my wages. I didn't know anything was going on since I don't have any credit cards and was never served papers. I live in Oregon and JM LLC is who did the garnish on behalf of Capital One bank the information is mine as far as SSN and DOB but I didn't open a card and I never got served a summons to appear in court. They say that they mailed it once regular mail and then supposedly posted it on my home. I never saw this posting and I would think I would have noticed. So they got a judgment against me because I no showed. I called today and JM LLC said I took out the card in Oct of 2006 registered from my new address. I wasn't living here in 2006 and I didn't open any cards I went Credit card free in early 2006 and don't want to go back. The court date was in April of 2009 the filing for my bank account was apparently this month. I never got anything in the mail nor did I ever get any bills from Capital one at the house I am at now. Can they do this? I would think if someone should appear in court they would have to get someone to sign it was received? The woman at JM said it was all my fault and I would have known of the court date if I pulled my credit report every year like everyone else and my not being responsible is why someone would be able to open an account? Really? Is there anything I can do now? No one at Multnomah county was helpful they said the judgement was to old to try to get it overturned. It was for $11,113.83 I won't even get a car if I have to finance I hate debt but they don't know that or care. Now I have no money to get to and from work til I get paid again and then I will be losing 25% until it is all paid. THis doesn't seem right?:confused:


It you did not open this account I would suggest pulling a copy of your credit report NOW...is it on there?? Do you have a common name?

Have you checked the online court dockets to see exactly what address they served you at? Send a letter to the CA asap demanding validation of the debt INCLUDING a copy of the card holder agreement. If the signature is NOT yours, immediately file a police report and get a copy of it to the courts and get the judgment overturned...it is NOT too late.


lrhall41

Submitted by SOAPLADY on Wed, 11/30/2011 - 20:02

( Posts: 17315 | Credits: )


It is on my credit report I pulled that as a judgment against me. It was taped according to a letter in the court files to three spots on my address at 5:10 on a night in February of 2009. If that happened I am sure I or my roomate would have seen it. (I got copied today as soon as I got a case number and read things I had never seen like a summons)
You are the first person I have heard say it wasn't to late
So now I write a letter to JM and ask for the card agreement and the validation of debt? What if they don't have it, or a forged signature I can fight that? I feel like a dead beat or that people will think that.
I am stressed and can't keep one thought straight sorry for rambling Thank you


lrhall41

Submitted by Andybub on Wed, 11/30/2011 - 20:16

( Posts: 3 | Credits: )


Who were you living with when this card was taken out? Did you ever apply for a Cap One?? (roommates/bf/gf) What address where they sending statements to? Start asking questions....somehow you need to get ahold of the card holder agreement. If you are 100% sure this is not yours, go to the police and swear out an identity theft complaint. Get that to the court....


lrhall41

Submitted by SOAPLADY on Wed, 11/30/2011 - 20:36

( Posts: 17315 | Credits: )


I live with my brother and he wouldn't do that we both celebrated being debt free before this card was taken out. I do not have a common name at all, and I had my ATM card numbers somehow stolen a little before this time so there is a police report and our local DMV was broken into the day I had my license changed over to my address so they put a flag on my DMV records as well. I tried to call our local PD today and they said they don't look into ID theft and I need the exact date I moved because if I lived in the next county over at the time I would need to file with them.

I tried to ask questions of the CA today and they said they can't tell me anything about this card just that the judgment is made and I need to pay it now. Like right now! I am 100% I don't ever want more then my emergency credit card I have through my credit union.

I feel like between the bank, CA and local PD I am going in circles....


lrhall41

Submitted by Andybub on Wed, 11/30/2011 - 20:50

( Posts: 3 | Credits: )


Reading the Rules of Civil Procedure for Oregon. http://www.oregonlaws.org/ors/419B.824

I see NOTHING about taping a summons to a door....service has to be made to a person
Also...
[QUOTE](4) Service by mail must be made by mailing a true copy of the summons and a true copy of the petition to the person to be served by first class mail and another true copy of the petition and another true copy of the summons by certified or registered mail, return receipt requested, or by express mail. Service by mail is not complete unless the person to be served signs a receipt for the mail. Service by mail is complete on the date that the person to be served signs a receipt for the mail.[/QUOTE]It appears to me this would be grounds to motion the court to have the judgment set aside for lack of service.....


lrhall41

Submitted by SOAPLADY on Wed, 11/30/2011 - 21:12

( Posts: 17315 | Credits: )


Did you call Cap 1 and inquire about the account, when the charges were made, was there ever a payment applied? Have them send you the past statements.

That really stinks that a judgement can seize your accounts without prior notification, especially for what appears to be identity theft.

Good luck to you.


lrhall41

Submitted by ioalot on Fri, 12/02/2011 - 12:55

( Posts: 138 | Credits: )