Consumer complaint received 2021-11-05
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CA
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Other features, terms, or problems
Sub-issue: Other problem

Complaint:
XX/XX/XXXX I was informed by Title company while attempting to refinance my primary residence that there was an abstract judgement as listed below ; An abstract of judgment for the amount shown below and any other amounts due : Amount : {$6600.00} Debtor : XXXX Creditor : Capital One Bank ( USA ), N.A. 
Date entered : XX/XX/XXXX Court : Superior  Case No. : XXXX Recording Date : XX/XX/XXXX XX/XX/XXXX Obtained a copy of the abstract judgement, and attempted to call XXXX XXXX XXXX  at the phone number listed on the judgement. Phone had been disconnected. 

XX/XX/XXXX Researched on the internet to find any other locations or phone numbers for XXXX XXXX Offices in the surrounding area. Attempted calling again, and left a detailed voicemail. No call back received. 

XX/XX/XXXX Drove to XXXX County Superior Court & paid for copies of all supporting documents of multiple filings. These documents reflected incorrect/inconsistent and contradictory information in many areas, including but not limited to my address for service, dates, and amounts. 

XX/XX/XXXX Sent letter to XXXX XXXX XXXX, address as listed on judgement paperwork. No reply. 

XX/XX/XXXX COVID hits and XXXX XXXX XXXX  no longer have any working numbers. This law firm has complaints on XXXX & is not XXXX  accredited. 
No way to contact Capital One, due to COVID changes in staffing and department duties. 

XX/XX/XXXX Began attempting to call Capital One legal department again. Impossible to get through to anyone without a current credit card account, and this one is too old. 

XX/XX/XXXX Researched on the internet to find any way to reach someone at Capital One that is not customer service. Found an email address for XXXX. 
Sent this email : Can you please direct me as to which department, whom I should send a request for a Release to be filed with the court for an Abstract Judgement/Lien recorded against my primary residence? This is preventing me from refinancing my home, and the statute of limitations has passed on the judgement.

The Law Firm that is listed on the original Judgement filed with Court doesn't appear to be in business any longer, and I have been unable to contact them. 

Received an auto-reply back, containing generic information stating to contact the Recoveries Department XXXX XXXX. 

XX/XX/XXXX Received following response from a human reprimanding me for contacting them at that email address : PLEASE NOTE this email address is used for Subpoena service and inquiries. It is NOT for customer account servicing correspondence or reporting fraudulent transaction concerns. If you require assistance regarding your account or if you need to report fraud, please call our main support number XXXX or call the number on the back of your card. For additional contact numbers, please visit www.capitalone.com/contact. 

XX/XX/XXXX Called the Capital One Recoveries Department and explained that I needed to speak to someone in the legal department that can help release the lien/abstract judgment filing against my property due to being past the Statute of Limitations. Recoveries Department said they can only confirm that the judgement is still active in their system, and that they have no legal department. However, they can process a dispute for me. 

XX/XX/XXXX Received a generic letter thanking me for contacting them, and instructing me to contact the Recoveries Department for help with my request. 

XX/XX/XXXX Called Recoveries Department again to inquire about the status of my request. Was informed that the Dispute Team was working on it, and that was all the information they could tell me. I waited a while and called back to speak to a different operator in that department, who was finally able to give me a contact name and extension for my dispute team : XXXX @ Ext XXXX. After much conversation, this person was also willing to look into the notes of XXXX and tell me that the request had recently been sent to an interim legal office to investigate ( since the original one had gone out of business ) whether the Statute of Limitations had passed. I asked how long would this take, and was told they have no idea because they dont follow up on their requests, they just wait until they hear back from the legal office or receive the release from them. I inquired what the name of the legal firm they had sent the request to was, and she would only give me very limited information. She told me the name was XXXX XXXX XXXX, and I asked if they were located in CA she said yes. Upon researching this law firm I was extremely upset by my findings that they have multiple complaints filed against them with the XXXX  for being unscrupulous. 

XX/XX/XXXX Still no word from Capital One

Company response to consumer: Closed with non-monetary relief