A Capital One garnishment was threatened against a credit card debtor in Brooklyn New York. Capital One garnishment lawyers at Rubin & Rothman LLC had filed a debt collection lawsuit against the woman in Kings County Civil Court.
The debt collection agency already knew where she was employed. As soon as a judgment was entered against the woman, Rubin & Rothman would be able to serve a wage garnishment to withhold money from her pay.
However, by fighting the case in court, the credit card debtor was able to obtain a much more favorable result.
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Capital One’s delay in the lawsuit was excessive, so the debtor served a 90 Day Demand For Prosecution. This demand requires Capital One garnishment lawyers to proceed with the lawsuit within the next 90 days, or else the case can be dismissed by the Court.
In this case, the Capital One Bank garnishment attorneys failed to proceed with prosecution of the debt collection lawsuit as required by law. As such, the lawsuit was dismissed and the Capital One garnishment could not proceed.
Served with a Capital One garnishment?
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Many Capital One garnishment accounts have been transferred from one creditor to another. This means the company that claims you owe the money may not even have proof of the debt at all.
By serving discovery demands in court, a credit card debtor can demand the full account records to determine the validity of the collection agency’s claim. You will also be able to obtain a breakdown of how the account balance was calculated.
We can prepare the necessary legal documents and arguments to protect your rights. Don’t wait until interest and judgment enforcement fees accrue. Call our Manhattan, Brooklyn & Queens debt lawyers to get started today.