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Can Capital One Get a Judgment Against Me?

Capital One has a judgement againest me, my only income is Social Security and I have no assests. I can not afford to pay debt what can be done to me?

Can my checking acct account be frozen if the only deposit is from Social SEcurity?

Kathy

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8 Comments

  • I have had 3 judgements due to a 2.5 year period of time that I was out of work for a serious illness, on disability and in and out of hospitals. During that time I was unable to meet many of my financial obigations. How did the judgement occur? Did you actually appear in court? Was it a default judgement becuase you either did not answer their accusation in writing or show up at a scheduled court appointment? If they received a valid judgement, I believe that they can pursue that with garnishments or liens if they so choose. If your only income is SS and a pension, I am not sure if that still applies. What I am pretty certain about though is that they can attach to an account if they want to. If they followed the law in the way they filed, you were properly served, etc……you will need to find a way to pay it becuase it has been decided by the court. If you pay it, the judgement will still stay on your credit report for 7 years. It is my understanding that if you don’t pay it, it can actually remain on the credit report longer than the 7 year normal statute. If by some chance you were not properly served , able to provide a response or have your day in court, you may be able to appeal the judgement and get it vacated. If you owe it, your best option is to figure out how to pay it – they may be willing to settle it or provide you with a payment plan. Good luck!

  • as I understood law prohibits them from going after SS or pensions. I had dealt with Cap one over fraud accounts- and they were a pain to deal with- but I stood firm and got the issue corrected.

  • It is my understanding that your social security is exempt from creditors or garnishment. I would talk to someone at the bank to make sure there are no oversights. Good luck to you.

  • Kathy:  It is my understanding that your social security is exempt from creditors or garnishment. I would talk to someone at the bank to make sure there are no oversights. Good luck to you.

  • Kathy,
    This happened to me and it was actually filed in court. To avoid garnishing my wages I called the attorney’s office that was handling the case and made payment arrangements. I think I only could pay $ 50 at the time a month and it took me several years to pay the balance off. Good Luck to you!
    Alicia

  • Hi Kathy,

    I had a similar situation years ago with a credit card.  The company did contact my employer in attempt to garnish my wages.  Im not sure if they can do that with Social Security, but your best bet is to contact them and try to work out an arrangement.  Dont ignore them because they will be relentless, especially Capital One.  Good luck.

    -Jaime

  • Kathy. NO they can not freeze your checking account. But make sure you have no other deposits that go into that account and also make sure that your name and your name only is on that account. You might want to let your banker now what is happening. 

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