• Report: #480934

Complaint Review: Capital One

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  • Submitted: Mon, August 17, 2009
  • Updated: Mon, August 24, 2009

  • Reported By: Govmentman — USA
Capital One
capitalone.com Internet United States of America

Capital One Judgments Judgment filed against me ,

* : Why Would You Insult Someone Trying to Assist Another.

* : Judgements or Junk Debt collection...

* : Judgments

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How if after winning a judgment against me in the amount of $800, is Capital One still able to charge me a interest/monthly fee?  The account is now up to $1400 and growing.


 


I am pretty sure that when they filed the paperwork for the judgment it stated a certain amount, anything above that should be illegal, shouldnt it?


 


Also, have read all of the complaints against Capital One on your website, why havent the States Attorney General gotten involved?


 


Please Help!!


 


Retired Soldier


This report was posted on Ripoff Report on 08/17/2009 06:30 AM and is a permanent record located here: http://www.ripoffreport.com/r/Capital-One/internet/Capital-One-Judgments-Judgment-filed-against-me--480934. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
0Author 3Consumer 0Employee/Owner
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#1

Why Would You Insult Someone Trying to Assist Another.

AUTHOR: BL Judgment Enforcement 718 909 6246 - (USA)

While some of your statements are correct, you could have found a better way to voice your opinion rather then ridicule someone trying to assist another.

Lets just stay on topic as I understood his complaint.  He did not go into too much detail as to the word JUDGMENT.  Therefore I can only assume he has some official documents of the judgment.  As I also advised him that if he didn't, to consult an attorney before things get worse.

Now let's discuss Judgment, Judgment Recovery/Enforcement as it is written by law. Each state has it's own guidelines and laws as to what I or other legitimate Judgment Enforcers can and can not do.  Please don't confuse a Collection Agent with a Judgment Enforcer.  Your way off base here if you do.  My authority comes from the judge that signed the judgment.  I am not required to inform the defendant that I'm coming.  One day they will try to take money out of the bank and find out that it's gone, or his wages are being garnished.  I can do all this without warning or notification.  Collection agents can't.  I legally enforce a judges order.  A collection agent has to get someone like me, or an attorney to achieve this.

If this individual did receive the proper papers served and did not go to court he IS in default of judgment.  If he did not receive these papers, and had no knowledge of this judgment, then he should get a lawyer and have it overturned, or at least try.  I'm in court a lot observing these proceedings, and sometimes involved in them throughout the US.  Nine times out of ten if the defendant is not present in court the judge will ask if he/she was properly served, and the plaintiff better have proof of this, or there goes the case!

If the judgment is awarded in favor of the plaintiff (lets use NY as an example) then the plaintiff has ten years to collect it, and at the end of the ten years he has the option to renew it for another ten years (as written on the back of every Civil Monetary case disposition instructions in NY).  There is no real statue of limitations on this matter except as stated above.  The initial collection process may have one, but not the judgment enforcement phase.

As far as interest goes, every state is different.  The judge does NOT have to award it to collect it in many states.  It is stated in the disposition instructions in a given state.

I have been in this field since 1991, and for the past 6 years I have my own business doing so.  I think I know what I'm talking about.  If I'm going to be corrected I would rather hear it from an attorney, another Judgment Enforcer or another legal authority familiar with judgments.

I gave this individual the best guidance I could, based on the info he gave, and asked nothing in return.  All I ask from you is a little respect for someone that has 18 years experience in this matter.

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#2

Judgements or Junk Debt collection...

AUTHOR: Robert - (U.S.A.)

<B>Judgement Enforcer sounds like a debt collector.  Lets look at his responses.</B>

"In order to have a judgment served against you, you must have received court papers indicating a pending suit/judgment in a reasonable amount of time (10 days is the norm). It must state the court address, type of court (usually civil), and the date & time to appear. Most of the time if you miss the first appearance the judge will postpone to another date. If you miss the second one the judge may find in favor of the plaintiff by default."

<B>While in the real world, this is susposed to be how it happens, in thousands of cases it doesn't.  Its called "sewer service" where you never get served papers, thought the collection agencies (otherwise known as junk debt buyers - JDB) CLAIM they served you, but in reality, it never happens.  You don't appear in court and boom, default judgement against you. </B>

"In your particular case it appears that the original suit was for $800.00 (excluding court fees, filing fees & attorney fees, if applicable). You should have received official paper work from either the court, or the plaintiff's attorney. If not, then I would consult with an attorney ASAP before more damage is done to you. Most consultations are free, or a small fee must be paid (usually not more then $50.00)."

<B>Alot of these cases are made up.  JDB buy old debts (many are past the statute of limitations and therefore legally uncollectable) for pennies on the dollar, slap usurous interests and inflated attorney fees and then go for the default judgement.</B>

"About interest fees. In most states outstanding judgments carry a monthly interest fee of not more then 10%. The longer you ignore this, the higher your judgment goes. If you are paying on a monthly basis, and keep the payments on time, I usually fore go any further interest unless you default on payments."


<B>They can ONLY get interest if awarded by the court. </B>

If this judgment is indeed legit, and you received the proper court papers, then I suggest you begin payment before they begin to seize accounts, property, and garnish wages that is their right to do. I know they can do this because I do it everyday.

<B>Yeah, right, in this day and age, thats a big if.  Get your butt to an attorney.  Got to debt-consolidation-credit-repair-service dot com.  Go to the forums section and look for the forum "Is there an attorney in the house".   There is lots of good information and lots of helpful people.  Look for a NACA (national association of consumer advocates).  If this judgement was wrong in any way you can get it reversed.  </B>

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#3

Judgments

AUTHOR: BL Judgment Enforcement 718-909-6246 - (USA)

As a Judgment Enforcer myself, I will explain the judgment laws to you, and maybe others can benefit from it too.

In order to have a judgment served against you, you must have received court papers indicating a pending suit/judgment in a reasonable amount of time (10 days is the norm). It must state the court address, type of court (usually civil), and the date & time to appear. Most of the time if you miss the first appearance the judge will postpone to another date. If you miss the second one the judge may find in favor of the plaintiff by default.

In your particular case it appears that the original suit was for $800.00 (excluding court fees, filing fees & attorney fees, if applicable). You should have received official paper work from either the court, or the plaintiff's attorney. If not, then I would consult with an attorney ASAP before more damage is done to you. Most consultations are free, or a small fee must be paid (usually not more then $50.00).

About interest fees. In most states outstanding judgments carry a monthly interest fee of not more then 10%. The longer you ignore this, the higher your judgment goes. If you are paying on a monthly basis, and keep the payments on time, I usually fore go any further interest unless you default on payments.

If this judgment is indeed legit, and you received the proper court papers, then I suggest you begin payment before they begin to seize accounts, property, and garnish wages that is their right to do. I know they can do this because I do it everyday.

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