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Just found out I have a judgement from CapOne - Help please

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  • Just found out I have a judgement from CapOne - Help please


    I am new here. I tried reading through old threads, but didn't find all of the answers that I needed.
    I PGed a business credit card from CapOne. They sued me (and not the company) and were granted a judgement against me. I received the original summons, but did not answer because I didn't have any defense. I have not received a copy of the notice of judgement yet. I just looked it up on the court website and it was granted on August 14th. It all happened very fast. If someone could help me please, I would really appreciate it.

    1. Can they take the child support I receive every month? (I do mix other income in the same account.)
    2. Can they garnish my affiliate income directly from Commission Junction?
    3. Can they take money from the corporate account since they did not name the corporation in the suit? I am the only signer.
    4. Do they have to serve me with the notice of judgement before they take any money from me?

    I'm sure I will have more since I will probably have to file for BK, but this is a start. Thank you!

  • #2
    1. Probably not. I suspect CA is like other states, Child Support is exempt from levy and garnishment. HOWEVER, at this point you will want to set up a separate account that only contains child support. It is not that commingling is a problem, but if they were to levy your bank account, the burden is on you to go to court and prove what money was what in that account.

    2. YES (if they know about it), assuming that is something that is in your name personally. If the affiliate income comes to a business entity, then no (assuming the judgment is only in your name and not the business name).

    3. NO (but note, when a bank receives a garnishment order, it cross references it against all accounts that have your SSN or identifying info associated with it, so even though the account may be a business account, you are associated with the account; so, mistakes can happen).

    4. NO, the only paperwork that "must" be served is the summons and compliant. Since the judgement was entered by default, they don't need to serve you with anything at this point. Although you will probably receive a copy in the mail.

    At this point, you will probably want to close your existing personal bank accounts. You can probably open an account at a different bank and you will be safe for a while.
    Last edited by HHM; 08-23-2012, 06:37 PM.


    • #3
      I was sued by Cap One, after the judgement was granted they then requested thru the court for my bank accounts and assets info. They were the only one of my creditors that sued. I did go ahead and filed 7, as I did not want them having any info on my accounts.
      chpt 7 ,5-2009


      • #4
        Thank you both for the information. I have more questions, but I will post them separately since they deal with other aspects of my situation.


        • #5
          Originally posted by Floridagail View Post
          I was sued by Cap One, after the judgement was granted they then requested thru the court for my bank accounts and assets info. They were the only one of my creditors that sued. I did go ahead and filed 7, as I did not want them having any info on my accounts.
          I had a similar experience. Out of my many, many credit cards, only CapOne sued me.

          They made a series of angry and scary phone calls after they got their judgment against me, but never did anything to me, because I was judgment proof at the time.

          I haven't heard from them in years.
          The world's simplest C & D Letter:
          "I demand that you cease and desist from any communication with me."
          Notice that I never actually mention or acknowledge the debt in my letter.


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