I want to work on Capital One- where should I start??

[leesa88]

Hello Friends!

So I have a capital one debt.  Original debt was $5071

They garnished my paycheck for a while last year, collected $1700 via garnishment

On my CR it shows a balance of $2636. I havent heard anything from them since January when they last garnished me. I want to payoff or do something about this leftover balance. Of course I would die for a PFD!!

How do you I suggest I approach this?  Thanks for any advice!

I had a forecloser over a year ago, and have raised my score over 60 points since April, and eventually want to at least have decent enough credit rent a home..someday buy again.

[Creditaddict]

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@leesa88 wrote:

Hello Friends!

So I have a capital one debt.  Original debt was $5071

They garnished my paycheck for a while last year, collected $1700 via garnishment

On my CR it shows a balance of $2636. I havent heard anything from them since January when they last garnished me. I want to payoff or do something about this leftover balance. Of course I would die for a PFD!!

How do you I suggest I approach this?  Thanks for any advice!

I had a forecloser over a year ago, and have raised my score over 60 points since April, and eventually want to at least have decent enough credit rent a home..someday buy again.

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I'm currently trying to work with them myself over a $1660 balance... I have had no luck so far... I want it deleted or at minimum paid in full

[RobertEG]

Garnishment of wages requires a court order.  Did you ever go to court on this?

If so, what were the terms of the garnishment.  Why did they stop garishment?

[Creditaddict]

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@RobertEG wrote:

Garnishment of wages requires a court order.  Did you ever go to court on this?

If so, what were the terms of the garnishment.  Why did they stop garishment?

is this different then a judgement, because I once had one of those and not only did I not get notice of such a thing but I didn't get to go to court for it.

[RobertEG]

Yes.

Judgments are only rendered by the court.  Being as we have a U.S. Constitution, when someone files a civil action against you, service of notice of that action must be made to you before date of trial so that you can show up and defend yourself.  State laws specify what does and does not constitute proper notice of service.

If they followed proper rules for notice of service, and you did not receive it, and were not present at trial, the transcript of the court should indicate that service was properly made, and thus your lack of presence in court did not prevent the trial from then occuring.  IF the plaintiff asked for garnishment of wages as part of their crivil action, the judgment of the court should rule on the terms of their order of garnishment.

Get a copy of the court proceeding.

[leesa88]

Yes I received the court paper works a few years ago.