Consumer complaint received 2019-03-05
Company: CAPITAL ONE FINANCIAL CORPORATION
State: FL
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Deposits and withdrawals

Complaint:
On XX/XX/XXXX I logged into my Capital One 360 Account to check prior amounts and found that almost my entire Account had been seized as Pending INTERNAL REVENUE SERVICE in what I was told in the immediate following telephone call to Capital One Bank, Capital One N.A. was an Internal Revenue Service tax lien, bank XXXX XXXX for 182 days until XX/XX/XXXX. I knew I did not owe the Internal Revenue Service any money and I was told by a bank employee and throughout this matter to contact " the person '' XXXX XXXX  XXXX and was given a telephone number. The funds illegally coded and seized as INTERNAL REVENUE SERVICE tax lien, bank XXXX were in fact protected, exempt insurance check funds from my accident, injury claim. For weeks employees of Capital One Bank, Capital One N.A. and XXXX XXXX  XXXX XXXX. pointed the finger at each other for being the responsible party to fax a letter of release to the other. I later found out exactly what had transpired when I first accessed the county court docket on XX/XX/XXXX with assistance from the Clerk of the Courts as to how to gain access to my case. In XXXX XXXXXXXX XXXX wrote off a credit card debt in my name. In XX/XX/XXXX a server sent by XXXX XXXX XXXX XXXX. appeared at a residence that I was living at and in not knowing what it was about did not take the serve and was read by myself in court documents that the papers were left outside. I proceeded by serving XXXX XXXX   XXXX XXXX, it's associates, any subsidiaries thereof with non-disclosure and a cease and desist as they did not provide any proof of the only stated XXXX XXXX and total debt amount as there were extenuating circumstances as to others accessing said account. I even reached out to the representative of XXXX XXXX XXXX XXXX. and received no response. I never heard from any individual working for or representing XXXX XXXX XXXX XXXX. after that, but in researching the county court docket they proceeded and received a judgement for the amount of the write off. This was in XX/XX/XXXX. According to the county court docket approximately two months after I deposited the insurance checks for my accident, injury claim in XXXX XXXX XXXX   XXXX XXXX. and would follow with filing for a Writ of Garnishment and did so serve my bank Capital One Bank, Capital One N.A. with a true copy of such XX/XX/XXXX. Capital One Bank, Capital One N.A. had 21 days to respond. Capital One Bank, Capital One N.A. never responded to the served XX/XX/XXXX Writ of Garnishment placing them in Default and responsible for the collection, debt plus fees to XXXX XXXX. I was never legally notified or served per the laws and the statutes of the State of Florida regarding the Writ of Garnishment by XXXX XXXX XXXX XXXX. nor XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX, XXXX. whom would take over the case. An AMENDED WRIT OF GARNISHMENT followed XX/XX/XXXX. I don't know how an AMENDED WRIT OF GARNISHMENT was allowed to be Ordered when Capital One Bank, Capital One N.A. had already defaulted on the served Writ of Garnishment XX/XX/XXXX. In addition, Capital One Bank, Capital One N.A. did not respond to the XX/XX/XXXX AMENDED WRIT OF GARNISHMENT within 21 days placing them yet again in Default and legally responsible for paying the collection, debt plus fees to XXXX XXXX per the statutes and laws of the State of Florida. The case was closed by the county court XX/XX/XXXX. I did not find out until the December 4, XXXX county court docket research discoveries that XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX, XXXX. had used on the legal documents a temporary address that I had vacated on XX/XX/XXXX as my last known address. Whatever legal documents mailed to or served upon that temporary, few months address I vacated the year prior on XX/XX/XXXX were not received by me. Capital One Bank, Capital One N.A. was in full possession of my current address of almost a year at that point and could have provided XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX, XXXX. said. Being a collection agency and representing Capital One Bank, Capital One N.A. in past cases as is well public on the internet and a conflict of interest, I believe XXXX XXXX XXXX XXXX. in the very least would be privee to the most updated address information. As was told to me multiple times by Capital One Bank, Capital One N.A. employees, Capital One Bank, Capital One N.A. has it's " own XXXX XXXX XXXX Department ''. I don't know what, if any case involvement as far as representation XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX, XXXX. has in defending Capital One Bank, Capital One N.A. Three way telephone conversations took place between myself, the Internal Revenue Service employees and Capital One Bank, Capital One N.A. employees in which Internal Revenue Service employees stated to the prior that I did not owe the Internal Revenue Service any money nor did they, the Internal Revenue Service issue such tax lien, XXXX  XXXX seizure and furthermore was stated to release my funds immediately. I was told by Capital One Bank, Capital One N.A. employees that " Customer Satisfaction '' was above management and that if I was not happy that I could just go ahead and contact them. Countless, countless telephone calls to Capital One Bank, Capital One N.A. requesting that my funds be released, telling employees of that the funds were protected and exempt and that Capital One Bank, Capital One N.A. was responsible for the collection, debt plus fees for Default not once, but twice and they still would not allow me to speak to any individual in the Legal Department, repeatedly kept referring me back to calling XXXX XXXX XXXX XXXX. and the telephone number or " Customer Satisfaction ''. In XX/XX/XXXX I received the Writ of Garnishment seizure letter 19 days after it was written and held for 13 days more until physically being mailed out from Capital One Bank, Capital One N.A. with only the first page of the XX/XX/XXXX AMENDED WRIT OF GARNISHMENT enclosed and date stamped as having first been received by Capital One Bank, Capital One N.A. XX/XX/XXXX. Capital One Bank, Capital One N.A. illegally coded and seized my protected, exempt insurance check accident, injury claim funds as an Internal Revenue Service tax lien, XXXX  XXXX five months after they defaulted on the served XX/XX/XXXX Writ of Garnishment and three months after the defaulted XX/XX/XXXX AMENDED WRIT OF GARNISHMENT. A representative from " Customer Satisfaction '' sent me an email XX/XX/XXXX requesting the legal documentation and stated that they would review such with the Legal Department. When has " Customer Satisfaction '' been held above management and calls the shots as to what is seen or not seen by the LegaXXXX Department in any corporation? Apparently an employee of Capital One Bank, Capital One N.A. became concerned and gave this representative a listen to one recorded XX/XX/XXXX telephone conversation of what had transpired. I had already filed a Motion with the county court by the time the representative emailed me. I did email back this representative XX/XX/XXXX with an attached document of all pertinent case details. I received no response. More telephone calls followed by myself to Capital One Bank, Capital One N.A. with the same you need to contact XXXX XXXX  XXXX. I contacted XXXX XXXX XX/XX/XXXX to let them know that Capital One Bank, Capital One N.A. defaulted not once, but twice and was therefore legally responsible for the collection, debt plus fees and of their attorney 's conduct. XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX, XXXX. was served via the United States Postal Service my Motion to the county court and all attached documents. XXXX XXXX   XXXX XXXX. knew that Capital One Bank, Capital One N.A. defaulted on the served XX/XX/XXXX Writ of Garnishment. XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX, XXXX. knew that Capital One Bank, Capital One N.A. defaulted on the served XX/XX/XXXX Writ of Garnishment and defaulted on the XX/XX/XXXX AMENDED WRIT OF GARNISHMENT. I provided documents to XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX, XXXX. which were photocopies of the deposited insurance checks for my accident, injury claim and per the State of Florida laws and statutes provided in my Motion to the county court as I was never legally notified or served and were so protected under  such stated exemptions claimed as were additionally claimed personal property exemptions. I received no response what so ever from the representative of " Customer Satisfaction ''. XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX, XXXX. has taken no actions for the Default not once, but twice on the part of Capital One Bank, Capital One N.A. and in seeking payment for the collection, debt plus fees that they are legally responsible to XXXX XXXX  for. I most recently obtained the email addresses of the CEO of Capital One Bank, Capital One N.A. and the heads of other departments and forwarded to them the prior correspondence and document that received no response from the representative of " Customer Satisfaction '', additionally outlined the entire case again and attached copies of the defaulted served XX/XX/XXXX Writ of Garnishment, XX/XX/XXXX AMENDED WRIT OF GARNISHMENT and the dated, stamped envelope, first page of Writ of Garnishment seizure letter from Capital One Bank, Capital One N.A. mailed to me in XX/XX/XXXX as well as the first page of the enclosed XX/XX/XXXX AMENDED WRIT OF GARNISHMENT date stamped as having first been received by Capital One Bank, Capital One N.A. on XX/XX/XXXX. I repeatedly stated in prior writing that I wanted to resolve the matter prior to taking further legal actions or seeking further legal damages, that it was a simple fix of just releasing my funds and that Capital One Bank, Capital One N.A. was the legally responsible party and still no release, still no acknowledgement and still no contact from any individual from either XXXX XXXX XXXX, XXXX,, XXXX XXXX  XXXX, XXXX. or Capital One Bank, Capital One N.A. All parties of which have past now put me in emergency need as was so stated by myself in my correspondence. My funds should have been released immediately by all parties involved. Not only is Capital One Bank, Capital One N.A.   in default not once, but twice, my funds are exempt and protected under the laws and the statutes of the State of Florida provided to the county court, Capital One Bank, Capital One N.A. and XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX, XXXX.

Company response to consumer: Closed with explanation