Consumer complaint received 2019-10-17
Company: CAPITAL ONE FINANCIAL CORPORATION
State: MN
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Collected or attempted to collect exempt funds

Complaint:
On XX/XX/2019 I received via standard mail a letter from XXXX XXXX XXXX XXXX XXXX in my mailbox. The letter was a notification of a Garnishment Summons on behalf of their client XXXXapital One sent to my employer XXXX XXXX. The letter indicated that it had been sent to me via certified mail ( which it hadn't XXXX. XXXX XXXX XXXX had previously served a Garnishment Summons on my employer in XX/XX/2019 for the same debt and collected {$590.00} on XXXX, {$1200.00} on XXXX and {$630.00} on XXXX. Fast forward to XX/XX/2019 and here they are AGAIN serving my employer for the same debt as they had previously done. This is clearly either an attempt to harass me and/or an attempt to generate fee income by not garnishing the full amount all at once and/or an attempt to cover incompetent work performed the first time they did this. 

Additionally, there was NO required notice of exemption included in this notification mailed to me. I have XXXX XXXX XXXX and we are on a number of XXXX and XXXX programs that render my income exempt from garnishment. However I just found this out as - for the SECOND time - the required exemption notices were not included. So, the thousands of dollars that they garnished from me the last time causing me an extreme financial hardship I was legally exempt from and would have known as much if XXXX and XXXX had followed the law and included the required disclosures that time or this time. 

I had my husband call them today to ask about the garnishment. XXXX and XXXX admitted that the disclosures hadn't been included and sought a way to send them to us. They also admitted having been able to add additional fees to the balance from XXXX to now. They also admitted that over half of what they are attempting to collect this time is fees. My husband presented them with three scenarios - the first is that he would pay them the {$470.00} in remaining actual principal on the debt ( minus the fees ) and that they leave us alone and stop trying to cause issues for me with my employer by REPEATEDLY garnishing the same debt. The second was that he file the exemptions for the debt and that they never be able to collect - even if they extend their default judgment another 10 years as our children are very young. The third option was that he pursue all of our legal options and notify regulators about their illegal and harassing actions. They rejected the money and said to " do what you have to do ''. Their representative " XXXX '' then proclaimed he would be exercising his right not to talk since my husband had apparently " threatened legal action '' with his third option and then hung up on him. 

As XXXX and XXXX has violated the law and NEVER sent me the required exemption information - causing our family EXTREME financial hardship, as XXXX and XXXX has REPEATEDLY harassed me through jeopardizing my employment by REPEATEDLY serving notice to my employer and as XXXX and XXXX has intentionally broken up garnishment to generate more fee income, I request a formal inquiry into their practices and the maximum sanctions available to stop them from doing this to any more Minnesotans. 

Thank you for defending us victims of predatory companies such as XXXX and XXXX who count on us not standing up for ourselves. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation