Consumer complaint received 2018-09-15
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NJ
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:
REQUEST FOR ASAP ASSISTANCE AS I AM LEFT BROKE AT THE HANDS OF OFFICERS OF THE COURT - This is a complete shame that I have to write this complaint as a last resort, but my financial health is currently at risk. I was contacted bu people that are supposed to be licensed practitioners for our judicial system, XXXX, XXXX XXXX XXXX about a debt owed from Capital one ( which I later learned was from an unauthorized account opened by my ex wife ). Regardless of that, I spoke with people from XXXX in XX/XX/2018 to set up an auto payment arrangement to resolve this debt. I gave them my bank card information, and each month, around the XXXX, as of XXXX, they debuted the agreed upon monies. I went to the bank Tuesday, XX/XX/XXXX to see I have {$0.00} in my account, which I knew was wrong because I just was paid that Friday. This Wednesday I visited my bank and it was then that you learned that I learned that there was a levy on my account placed by XXXX, XXXX XXXX XXXX, the same people that I made a payment arrangement with in XXXX. I immediately called the XXXX and spoke with XXXX at their office who told me the levy was placed because I missed the XXXX payment. I reminded her that I had set up auto payments with them, so there couldnt have been a missed payment. She then said it showed that a failed attempt by me to make an online payment is what triggered the levy, to which I said, that is inaccurate since I set up the auto payment. The bank manager immediately began reviewing my account for the debits each month, and found the debits each month, except for XX/XX/2018 ; which I informed XXXX. She then stated she would investigate by Friday, XX/XX/2018, but when I called Friday to get a status update on the investigation, I was given an update that indicated they, again, didnt do as agreed. 

Additionally, once I learned they had put a levy on my account, I began researching the laws of New Jersey related to freezing ones account. It was at that time that I discovered that there is an exemption in the state of New Jersey that prevents creditors from accessing anyones personal goods ( money included ) up to {$1000.00}, i.e., XXXX has illegally frozen monies they were, by law, prevented from doing. The intent behind NJ statute 2A:17-19 is to ensure that New Jersey residents are not left without any monies to survive, which is what has occurred right now. Also, XXXX was legally obligated to place in the mail a copy of the Writ which they served on my bank, the same day they served it on my bank, which I have yet to receive, so yet another violation of my rights by XXXX. New Jersey statutes are clear on the procedures surrounding judgments, writs, etc., so what is being done by XXXX is unacceptable and has left me without means to pay bills, eat, or contribute to household expenses without having to request delayed payments from my other creditors and borrow money from family and loved ones. 

In an attempt to get this resolved, I faxed XXXX, at XXXX, a copy of all my bank statements that show the debits by them from XXXX to XXXX, while also showing them that no debits were made by them in XXXX. I also informed them of the exemption in the state of New Jersey which requires them to immediately unfreeze my monies, to which I have not received a response to that, either. I needed assistance in getting this resolved as I am literally without any money unless I am able to get it from family, which is embarassing and unacceptable when this is due to bad practice by people that are barred to follow the law. Please help me resolve this since this law firm chooses not to do the right thing. It is Saturday, XX/XX/XXXX, and I have yet to see a copy of the Writ, which I will ensure to contest with the Court, upon receipt ( they were legally obligated to make sure it was sent out to me ).

Company response to consumer: Closed with non-monetary relief