Capital One Bank Judgment Settlement
Cost to Settle Capital One Bank Judgments
Up to $3,000
- (up to 2 payments)
$3,000 to $10,000
- (up to 3 payments)
$10,000 to $20,000
- (up to 5 payments)
$20,000 to $40,000
- (up to 5 payments)
Vacate a Judgment
- $500.00 / per month while litigation is ongoing
What can Capital One Bank do to me in New Jersey?
Capital One Bank judgments are good for 20 years in New Jersey. They can apply to extend another 20 years.
To collect on a Judgment in New Jersey, [Capital One Bank can go after your bank account. This is called a bank levy. To freeze your bank account, a writ of execution is signed by the court. The judgment creditor will sent the Writ of Execution to the local Sherriff. The Sherriff will notify the bank to freeze your bank account. A Motion to Turn Over Funds will be heard by the judge. If you do not object or show up for this hearing then, your money will be taken from your bank account.
Wage Execution is one of the more popular ways Capital One Bank can choose to collect on a judgment. As long as you earn more than $217.50 per week a judgment creditor can go after your New Jersey paycheck. Wage garnishment allows Capital One Bank to take a little every check until they are paid in full. You maybe able to negotiate a lesser amount even after they have begun wage garnishment.
Capital One Bank can take other assets to pay back the judgment. If you own office equipment or vehicles, Capital One Bank can apply to the court for an order to let the sheriff enter your property. The sheriff can then seize those articles and try to sell them at a public sale.
Capital One Bank can sell non-exempt property. They can also hinder the sale of property by having to settle the lien to close at the title company.
How do we help you with Capital One Bank judgment in New Jersey?
There are three basic options when deciding what to do with a New Jersey judgment.
You choose to do nothing. Capital One Bank has initially 20 years to go after your bank account, pay check, or other non exempt property to collect money.
The value of hiring our law firm to assist you in negotiating and settling your judgment with Capital One Bank is so that it gets done the correct way to give you the best possible outcome we know how to provide. Yes you can settle a judgment with anyone yourself. But for many consumers negotiating with money clouds their minds and often inhibits their ability to come out with a great outcome. We are not emotionally involved with your debt. Our goal is to help you achieve a great out come. Our experience often allows us to perceive other options or recommend other actions.
When we settle with Capital One Bank –
- All communication goes through us. You will not speak with Capital One Bank or their attorneys.
- We will devise a strategy to settling the judgment.
- We write a professional hardship letter that allows Capital One Bank to understand why this is a great offer and they should accept.
- We conduct the full negotiation for you.
- Our attorney reviews the settlement agreement for compliance and to make sure you are represented.
- We help ensure the Satisfaction of Judgment is obtained in a timely manner.
- We make sure the Satisfaction of Judgment is filed correctly.
Vacate the Judgment
In New Jersey, you can vacate a judgment by filing a Motion in the Special Civil Part to ask the judge to overturn or vacate the original judgment. Some reasons that a judge may do so are:
Lack of Personal Jurisdiction (bad service)
The judge can vacate a default judgment if you were not given the papers starting the case the right way. You can also ask the Court Clerk for a copy of the Affidavit of Service to see what it says about how the papers were given to you. If you try to vacate a judgment because of bad service, you do not need to give the judge any other reason to vacate the judgment. But you will have to prove the bad service to the Judge at a special hearing called a “traverse hearing.” If the court finds that the service was good and you did not give the court another reason, the Judge will not vacate the judgment.
This is the most common reason for vacating a default judgment. It has two parts: (1) a good reason why you missed your court date or did not Answer; and (2) a good reason why the plaintiff or petitioner should not win the case (a good defense). Your time to ask to vacate the judgment for this reason may be limited if you were served with a copy of the judgment.
The most common example of a reason for missing court or not answering is that you never got any papers telling you to come to court. Other examples of good reasons are that you were out of town, ill, incarcerated, unable to take time off from work, or had transportation problems. You would also have a good reason if the attorneys for the other side told you not to bother going to court. Sometimes people do not Answer because they do not understand what the court papers are. This is not usually a good reason but some judges may accept it.
There are many reasons why the plaintiff should not win. This depends on the facts in your case. For example, in a consumer debt case, the defendant might tell the court that the default judgment should be vacated because he disputes the amount of the debt. Disputing the amount of the debt, combined with bad service, is a common reason to ask the court to vacate a default judgment.
This law firm can help you navigate the complicated legal process.