I signed up with Colonial Debt Relief for $1200 to reduce my Capital One credit card bill from $8000 to $3200. They sat on m...

Full question:

I signed up with Colonial Debt Relief for $1200 to reduce my Capital One credit card bill from $8000 to $3200. They sat on my case for months, so my account went to Capital One attorney, which they said they were going to garnish my pay to get the money. Col. Debt Relief gave Capital One attorney my checking account number, and they withdrew $1005 from my account without my permission to start getting some of their money back. What are my rights at this point?

Answer:

You might:

1. Repay the debt (make a deal directly with the creditor);

2. File a proposal to creditors; or

3. File for bankruptcy.

Unfortunately, once a creditor has instituted garnishment proceedings, the garnishment is difficult to stop without filing for bankruptcy. Many jurisidictions offer certain property exemptions to a debtor which will protect the property from the collection efforts of the creditor. In order to claim the exemption, the debtor must file certain paperwork with the court and creditor notifying both of the debtor's intent to exercise the exemption.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

To negotiate a debt settlement with Capital One, start by assessing your financial situation and determining how much you can afford to pay. Contact Capital One's customer service and express your intent to settle the debt. Offer a lump-sum payment that is lower than your total balance. Be prepared to provide documentation of your financial hardship. If they accept your offer, ensure you get the agreement in writing before making any payments. Remember, settlements can impact your credit score, so consider consulting a financial advisor.