Capital One is suing me for a bill I already paid

[Anonymous]

7 years ago I got a court summons saying Capital One was suing me for an unpaid bill. I paid the bill over the phone with the attorney from Capital One and I have the proof. Several times since then, a different attorneys office has contacted me saying I owe the money which has increased dramatically due to interest. Each time I told them I paid it already and faxed them the proof. It would usually solve the matter temporarily for a year or two.

This time they are taking me to court and have frozen funds that belong to my dad even though the judge told them in court that they could not attach his money.

Can I sue them? Or what can I do to make this go away once and for all?

[Anonymous]

How can they be freezing funds if they are 'taking' you to court? That would require a judgment to aready be in place...
I'm a bit confused as to what has happened and what is 'going' to happen.

[gdale6]

Freezing funds that are in the name of another person is illegal. I am a little confused though as well, funds cannot be frozen unless there is a standing judgment unless they get an order of lis pendens.

[Shogun]

There are some instances where they can.  I think in Minnesota there's a pocket judgement where this can be done.  It's been awhile since I've encountered one of these, but I do believe they exist.  You would go to court, show that it was paid, and counter sue.

[IOBA]

....and keep us updated!

[RobertEG]

I would immediately consult an atty.

[Anonymous]

I'm guessing you were sued, paid over phone, but the lawsuit was never withdrawn, and it went to court resulting in a default judgement. Another possibility is the case was withdrawn, but later re-filed. And a way out possibility is there's no judgement, but they're collecting as if there is.

Physically visit the courthouse in which the suit was filed to determine the case status; check to see if there are any other lawsuits that were filed in that court. As already suggested by RobertEG, consider contacting an attorney promptly, especially since there are "frozen funds" involved, to assist you with this matter.

[Anonymous]

Ronpa - you are correct. We went to the courthouse a few months ago and the case was not withdrawn. My name is on my dad's account, my husband's name is on the others. I contribute money to one small account - I work part time, minimum wage and that is where my paycheck goes. My dad's savings is from his retirement and investments. I am on the account because he is 92. I have never contributed a dime. The other accounts attached are from my husband's paycheck alone.

We have had an attorney from the get go 7 years ago, but there doesn't seem to be a way to put an end to this.

FYI - my husband contacted the FBI today and told them the story. They said to contact Capital One's Fraud division and to tell them what happened and that the FBI was aware of it. We'll see what happens.

Thanks to all of you.

[Anonymous]

Ok. My hunch was right. You mention having an attorney involved from the getgo? Was the attorney hired, or a "friend" helping. Seems odd your attorney, assuming you hired them specifically to assist with that matter, wouldn't follow-up to make sure the case was withdrawn.

Time is of the essence when it comes to bank levies. Once the funds are released to the creditor, it becomes an uphill climb to recover the funds, likely necessitating filing a lawsuit.

Simpliest route would be working with Capital One to get the judgement recorded as "satisfied". If that doesn't work out, another option is getting the judgement set-aside / vacated (not sure the proper terminology), since it was already paid. That is more complicated.

[Anonymous]

The attorney was originally hired for us through the UAW; one of the benefits. We have stuck with him because he knows the case but we are having second thoughts. He has taken prompt action in getting the funds released each time and it has worked.

In the process of contacting Capital One now. 

Thanks for your help.