Internet's first get-out-of-debt community - 145,000 members

Posted: Tue Jul 15, 2008 7:27 am Subject:

Guest is correct, income such as social security, SSI disability and welfare are non attachable sources of income, meaning they cannot be garnished.

Sheri1975 · Posted: Wed Jul 30, 2008 1:25 pm Subject: Fingerhut bill

Ok, here's my story....I was married way back in 1994. My ex-husband and I had a Fingerhut account together and purchased a video camera and a video game system. When we divorced in 1996, he got the video camera and the game system, so in our court papers it states HE is responsible for the full balance.

Well, a year goes by ok, then I receive a bill in the mail from a credit company stating that the bill had not been paid and I was responsible for the bill. I quickly went to my lawyer and he wrote up a letter to the company stating that my ex-husband, not I, was legally responsible for the bill. This went on for a couple more years with at least 2 more letters written from my lawyer to them. Now it's 12 years later and I'm still receiving this bill from MCM saying that I'm still owing them this money.

I finally called the company not too long ago to inform them of the legal standing on this bill. The guy was VERY rude and told me that MY name was the only name on the bill and that I was responsible for it! When I tried to give him my ex-husband's address at the time, he refused to take it. Then when I threatened to contact my lawyer, he yelled at me saying "Don't call your laywer. It won't do any good. YOU'RE paying this bill!" By this time I was thoroughly pissed off and said "I'm NOT paying this bill and you're not going to make me!" So his response was "So I'm putting you down as a 'refusal as payment'". I told him put whatever he wanted, he could kiss my ass, I wasn't going to pay for a bill that I wasn't responsible for!

Yes, I've tried getting my ex-husband to pay. I've forwarded the bills to him and everything! He won't do it! Hell, I don't even get child support from him because he signed away all parental rights to our son!

What I want to know is what do I do and how did my ex-husband take HIS name off of the account?????

Posted: Wed Jul 30, 2008 1:49 pm Subject:

Welcome to the community Sheri1975.

If you are not legally responsible for this debt any longer I would suggest sending them a written request to cease all communication with you by phone or mail. Send it certified mail, return receipt requested so you have proof that you sent and and proof of when they receive it.

You may want to check your credit report to see if they have reported this item, if they have you can get it removed as it is well past the 7.5 year reporting period. Also they can't take you to court over it as it's most likely well past the statutes of limitations.

Sheri1975 · Posted: Wed Jul 30, 2008 2:29 pm Subject: Fingerhut

I did check my credit rating and it IS on there. I've followed thru with disputing this bill on the credit report, so I'm hoping it will be taken off.

I do have court documents from my lawyer and the judge in my divorce proceedings stating that I'm not the one responsible for that specific bill. (we had a JCPenney account also that we had to split 50/50 in the divorce. I had my half of that bill paid off in 2 months)

I know this sounds like a stupid question, but please bear with me, but how was it possible that my ex-husband got HIS name removed from our joint account that we opened together? Could I have done that too, he just beat me to the punch?

Posted: Wed Jul 30, 2008 4:57 pm Subject:

If the account was opened under your name with him added as a authorized user he could easily get his name off of the account. If he was a cosigner on the card I believe that it may require signature from both account holders for the removal. Not entirely sure on this as it varies from one financial institution to the next. Another possibility is that the collection rep could have just been lying to you saying that you are solely responsible.

The most important issue to keep in mind here is that the court has the final say on the issue, if a judge has deemed it so that your ex is solely responsible for the account since the divorce then that is the way it is and Midland is just going to have to deal with it.

Posted: Thu Jul 31, 2008 4:41 am Subject:

Unfortuantely, a creditor or CA(JDB) does not have to abide by what a judge might order in a divorce proceeding. If you are the primary on the account or joint account holder, you are ultimately responsible. You would have to settle the debt and then take your ex back to court and handle it there. He is in contempt of a court order and the judge should order him to reimburse you but you will have to initiate it. Send your ex a letter detailing everything and Cc: the court as well.

Robbie Henry · Posted: Mon Sep 29, 2008 8:27 pm Subject: 401K

I live in the state of georgia. I have a garnishment that is being taken out of my payroll. I also have 401k. I try to settle but they want it all $13000. $8000 plus is court cost and interest. Does my 401k comes out of my payroll first. Then the garnishment.

Guest · Posted: Tue Sep 30, 2008 2:39 am Subject:

Robbie, Is this a CA? If so, How did they obtain a garnishment? Did you fail to appear at a court hearing? There is a slight possibility that you can have the garnished stopped if you weren't served properly.

Guest · Posted: Thu Oct 23, 2008 1:31 pm Subject: Wage Garnishment

Is there a way I can stop the wage garnishment? I can't afford 25% of my paycheck going towards them and I would rather set up payment arrangements for them creditots.

Raquel · Posted: Wed Nov 05, 2008 3:02 pm Subject: Garnishment

Can your wages be garnished for more than 25% for a consumer debt?

Guest · Posted: Wed Nov 05, 2008 7:17 pm Subject:

No your wages can not be garnished for more than 25%. This is all that is allowed

gapeach722 · Posted: Sat Nov 15, 2008 5:59 pm Subject: Who is Midland Funding?

I have received no phone calls or letters from this company until today. I received a letter in the mail from the county courts office stating I am being sued by this company. They are using my former married name which I remarried since 2002. I have no idea if they are collecting for another company, or for themselves. If for themselves I have no idea who they are. I did do some research on this company tonight and found out they are on the top lists of collection agencies you do not want to deal with. They have 473 complaints issues against them in the last 36 months reported to the BBB. What do I do about this? I have read where people are being sued for money they do not owe, wage garnishments without permission and many other things. I have never had this happen to me so I am not sure how to handle it.

Guest · Posted: Sun Nov 16, 2008 3:24 am Subject:

Gapeach, Midland is a lowlife JDB. Check with the county clerks office to see if the summons is real. If it is, Try to get copies of all the information that was filed by Midland. This account may be beyond the SOL. If so, ask the judge to dismiss the case with prejudice because it is a time barred debt.

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