How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask TexLaw Your Own Question
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
Type Your Legal Question Here...
TexLaw is online now
A new question is answered every 9 seconds

Back in 2002 I applied for a Capital One Card, which I never

Customer Question

Back in 2002 I applied for a Capital One Card, which I never received, later I received quite an extensive bill. I called and let them know I did not receive the card, I was working in the hospital at the time most of the charges were made, did not know of any of the places the card was used. They said they would take care of it. In 2009 while checking my credit to buy a house, it showed up against me. I disputed the charges and won the dispute.

Now I am being garnished by Capital one, for over 2,000 dollars for a credit card of 500 dollars which I have NEVER had. The easiest thing to have been done was to check my signature. I never got the card or signed it or used it. Over 1200 hundred dollars has been taken from my pay checks.
My name isXXXXX at the time I tried to get a card but never received it my name was Diana Glover, I lived in Michigan, Now I live in Newark, Delaware. Someone has defrauded Capital One and used my name. But this Lyon, Doughty and Veldhuis, company is taking my money even though I won the dispute back in 2009.
Submitted: 4 years ago.
Category: Legal
Expert:  TexLaw replied 4 years ago.

I'm very sorry to hear about this.

What this means is that the garnishment is related to a separate account on which Capital One filed suit against you.

What you need to go to the court which issued the writ of garnishment and get a copy of the Judgment on which Lyon based the garnishment. You need to then file a Motion to Vacate Judgment in the court which issued the Judgement citing the fact that you were never served with the lawsuit and that you were a victim of identity theft and this was a fraudulent account.

Then you would need to take the order which Vacates the Judgment to the court which has the writ of garnishment and file a Motion to Stay Garnishment pending the resolution of your retrial in the original court.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated for my work by the website. Rating does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,