they would have to get a judgment first...
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Posted by Marcy (220.127.116.11) on November 04, 2003 at 20:21:39:
In Reply to: more Capital One nightmares posted by seonaidh on November 03, 2003 at 21:12:14:
Capital one or the Attorney that represents them would have to obtain a judgment first before they could garnish your husband's wages. your husband would be notified of this and given his chance in court to defend their charges are not accurate or that he does not owe the debt. As far as I understand it, a collection agency is not suppose to say they will garnish your husbands wages until they are legally allowed to do so, after a judgment has been granted in their favor. But, it is usually their word against yours in these situations. If the caller was actually from Capital One then there are not any laws really protecting the consumer from the original creditor saying anthing they want, only on collection agencies or attorneys collecting on the behalf of the original creditor. Find out where this jerk is from and if it is not from Capital One, send them a cease and desist letter. From what I have seen, your chances are low they would actually take you to court over 400 bucks, but you never know.
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