I am being sued by Capital One for $3,600 plus fees and court costs. Can they garnish my wages? How can I beat this case?
3 attorney answers
You may be able to hire an attorney with no money. Look for an attorney who handles Fair Debt Collections Practices Act cases.
Is Capital One the actual plaintiff or is another company suing you because they bought your account from CapOne? If the latter sometimes there are issues in proving up their case. Unfortunately those issues are best addressed with a lawyer.
Also, Mr. Lautin is correct as to wages being exempt from garnishment until you drop your paycheck in the bank account.
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Wage garnishment for this reason is illegal and won't happen. CapOne could, however, garnish your bank account after wages are deposited, since at that juncture monies lose their character as wages and become merely fungible dollars. If you have nothing to lose than CapOne has nothing to gain and consequently, you might consider ignoring this process. It is not a criminal event -- you are not going to jail for failure to pay CapOne. Ultimately if enough creditors are beating on you, perhaps you will file bankruptcy.
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