Credit Card Bank Account Seizure?
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My wife stopped paying a Capital One Credit card in 2008. It was $1000 credit limit. She just got served yesterday saying Michael J Scott (Capital One Credit Attorney) was suing for damages of $1287.16 in charge off balance, $877.53 in accrued interest and $541.17 for attorney fees. I've done a lot of research and have found out that Capital One is, in fact, still the holder of the debt ( I looked into my wife's credit report and it is listed as "charged-off" not "sold/transferred"). This debt was from 2008 and we were married in 2010. We live in Texas. I know that they can't garnish her wages but they can seize a bank account until the debt is payed off. I have the following questions: 1. She doesn't have the bank account she had when she had this capital one account, she is only "on" my account and can't make any decisions but her check is direct deposited, she does have a debit card for the account. Is this account safe from seizure? 2. Can they seize a bank account if they don't know what bank and what bank account number? 3. There are some discrepancies on they legal work. No "proof" attached saying this is how much she owes. They just throw a number out there. Can she protest this and get the case thrown out? 4. Is it better to have a "default judgement" against you? Or is it better to show up to court and actually make whatever lawyer is there actually do some lawyering, no matter the outcome of the case? 5. If they can, in fact, seize MY bank account is it better to move my account out of state to a smaller bank? I have read that if your account is out of state the bank is less likely to grant the constable seizure. Thanks!
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Answer:
To answer your questions in the order asked, 1. No the account is not safe, since her check is direct deposited that means they can access the account using her S.S. number. 2. Yes see answer no 1. 3. Yes she can and should go to court and make them prove their case if she does not they will win be default and be awarded every penny they ask for., 4. See answer no 3. 5. Wont matter see answer no 1. As long as her name is linked to any account it's not safe. Good luck.
micah w at Yahoo! Answers Visit the source
Other answers
Under Texas law although they can't garnish your wages if a paycheck is direct deposited that bank account becomes subject to seizure. It's rather easy to find out if an individual has access to a bank account if you have their social security number.
Howard L
Any account where your wife's name is attached to it is subject to seizure to pay the debt. If they don't know the bank, they will find it. Your wife's credit profile has enough information on it to locate just about any bank account she has an association with. You wife can protest the proof, but in about 90% or more of the cases, they have the proof. It's never good to have a default judgment. They win everything and get all they ask for. You can move your account out of state, but under court order, they money can still be seized. Captial One will notify the bank that they have a court order and your bank will be obligated to obey it. I'm not so sure that your wife's wages cannot be garnished especially if Capital One gets a garnishment order from out-of-state such as from Captial One's home state of business. They have more legal resources that you or or any customer could ever put together. Seizing the assets in an account is not the same as a wage garnishment. Once the check is in the bank, it is not wages anymore, but is a financial asset. Garnishment happens before you receive your paycheck. Seizure happens after the check is deposited. Most (but not all) banks participate in a Chexsystem program. That is an interbank system that identifies customers that owe a bank money. So, if you owe a bank money you will not be allowed to open another account at any participating bank until that debt is paid. Or if you do get to open the account, the assets could be seized to satisfy the debt. But they can only seize the amount that is owed. If you have $10,000 in the account and you owe $2,000, they cannot seize the remaining $8,000 - that becomes theft.
Dan B
1) No, it is not safe, Her money goes into the account, that makes it her money. ALL of it. 2) There are a myriad of ways that they can get your bank account info. Ultimately, they will subpoena the information when they go to court. They need to do this to collect anyway, if you choose to fight. 3) Ask them for the proof. They do have it and will provide it in court. 4) No difference. If you have nothing better to do, go to court. If you acknowledge the debt, it seems pointless. 5) Waste of time. They can follow the money. Youll cause yourself undue stress and cost for nothing. You take a high handed approach in your additional info, yet are clearly looking to skip out on a legitimate debt? Sorry, don't believe your claims of not avoiding responsibility. Responsible people pay their debts when they can.
The Great Quizoo
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