|
#34
03-07-2008, 08:56 AM
|
||||
|
||||
As the SOL has expired it has become a time barred debt, meaning that as long as you don't make any payments on it they can't sue you, if they try anyway then you can just use the SOL as your defense to get the case dismissed.
|
|
#35
03-27-2008, 07:01 AM
|
|||
|
|||
|
Debt Collectors & Midland Fund
Hi I'm responding to Jason; the guy that lives in NY and had his bank a/c frozen by Rubin & Rothman... I too live in NY and have the same problem with this "law firm". I just received what looks like a sommons to appear in Civil Court to responde to the Midland Fund claims of debt. but the date that I was to appear was a week old. i.e. I got the letter on the 26th and the date to appear was the 19th!?!
I'd like very much to s/w with you... maybe we and other in NY can come together and do somethiung about these guys "The scum of the earth" turn the table on them!
|
|
#36
03-27-2008, 08:28 AM
|
||||
|
||||
|
If they sat on the summons until after the court date then you need to speak with the judge who oversaw the case and request the judgment be vacated due to improper service.
|
|
#38
03-28-2008, 06:42 AM
|
||||
|
||||
|
You can contact your county court clerk's office and check with them.
|
|
#39
03-30-2008, 03:52 PM
|
|||
|
|||
|
Wow are these people really this ignorant. Whether they sat on the paper or sent a false document that either way is low. Who actually sends a summons...Does m idland or does a summons have to come from a judge? Very new to this.
|
|
#40
03-30-2008, 06:17 PM
|
||||
|
||||
|
Rules for proper service vary by state, county, court, etc. You'd need to start by checking your state's rules of civil procedure.
__________________
Wulfisms: my blog The four 'no's of dealing with collectors: No validation? No payment. No way! No kidding!! Tellin' you all the zomby troof Here I'm is, the zomby woof [Frank Zappa, 1988 - R.I.P.]
|
|
#41
04-01-2008, 03:26 PM
|
|||
|
|||
|
Trying to figure these things out is like a maze.
|
|
#42
05-17-2008, 01:45 PM
|
|||
|
|||
|
the woes of being a victim pressler and pressler llc
i am a victim of pressler and pressler, and i want to know what my options are. i had a doctors bill from july 1997 (which i originally disputed). i tried to ge tin contact with the original creditor but i was unable to as the doctor worked for a doctors service rather than a traditional office (only saw him one time in the hospital and he preceded to discuss payment terms with me while i was not 1005 with it (i was having surgery and i had already been given sedative before receiving full anesthesia) and this is when he discussed his bill with me) i had never recieved a bill from him after that until it wound up in the hands of pressler and pressler llc. i wrote a letter to them disputing the validity of the debt and never heard a response back. then they proceeded to effect wage garnishment. after a short period on time i was badly injured on the job and was unable to work (this was back in 2003) to make a long story short after becoming fully disabled i moved and lived and Arizona for almost 2 years. all the while while living there pressler and pressler proceeded to service notice on my former address and obviously didn't receive a response back. i now collect social security disability and moved back to new jersey and opened a banking account so i could receive my benefits via direct deposit. i went to the bank and found out that my account was frozen by pressler and pressler for the balance amount of the original judgment (plus interest). the bank manager was very cordial with me, provided me with the info i needed to get in contact with them. i did, and they released the funds after i faxed them my social security award letter (they wanted a complete 90 day account history for my account to prove that my only income was social security payments, i didn't want to give them any withdrawal activity info on my account because its not their business to know what i pay for medical expenses, i told them i would give them the past 5 months deposit history on my account which would show all deposit activity, they refused this stating that i was withholding information they were ALLOWED to collect) i eventually had to have the social security administration get involved to have the funds released. then after releasing my funds they refused to lift the garnishment onmy account, stating that they reserved the right to take any moneys deposited to my account that were not social security payments (is that legal?). i filed a motion to vacate due to improper venue ( i was not living in nj when they refiled the original debt lien) and a motion to vacate due to improper service, a motion disputing the validity of the debt, and a motion to have them provide me any and all correspondence they claimed they sent me to service the debt. soon after filing these motions i recieve a phone call from an attorney working for pressler and pressler, he proceeded to tell me that i would lose all my motions because since they executed a wage garnishment on me and i didn't contest it in court ( i never received a letter (regular or certified that the wage order had been granted, nor did my at that time employer inform me that one was served) i had acknowledged the existence of the debt, that improper venue didnt count because it was my responsibility to notify them and the court of my change of address, and that if i lost i would not only be subject to pay my court cost but theirs as well, thus increasing the amount of debt. he said that if i paid them $30 a month they would freeze the interest at its current level as long as i paid them, and that the clerk of the court wwas a friend of his and if i agreed he would call him and tell him that we had reached an agreement. feeling bullied and against the ropes i foolishly agreed to pay the amount, and i never received notification from the court that the matter was settled nor did i receive any notification from the court about any of the motions i filed. i have since paid them 30 a month, and now feel hoodwinked by them, that they would prey on disabled people, and was wondering if i have any options available to me, or did i screw myself because i started paying on the debt.
|
|
#43
07-11-2008, 10:42 AM
|
|||
|
|||
|
midland funding llc
I am a grandmother raising grandkids for 15 1/2 years. I don't work but receive $335 check for the kids (not for myself). I sent my grandson to get the mail and he signed for a piece of mail from the clerks office at the courthouse. After I yelled at him for signing for a piece of mail with my name on it, I opened it. They had put wrong papers inside with multiple defendants names listed but not mine. I sent this back minus my address stating that a child signed by mistake and papers were for people we never heard of. I have no clue what is going on if my papers went to someone else or what. The papers in the envelope were for getting judgements against whomever. My question aside from the fact I know nothing about whom I owe or how much I owe, is....Can they take money from a checking account with my name and my adopted daughters name on also? The money in the account is hers as she is the working person in this family. Help!!! Do we need to close this checking account or what??? we live in Ohio...and one bank said they can take money from a two party account but I don't know if this is true. Any help will be truly appreciated!!!! Thanks!!!
|
|
#45
07-12-2008, 04:31 AM
|
|||
|
|||
|
Midland Funding are scumbags. I would suggest that you open another account in another name, possibly another bank, although they aren't supposed to take money from your account unless the courts have awarded them a judgement, however some of these collection agencies have been known to do so anyhow.
|
|
#47
07-14-2008, 02:35 PM
|
|||
|
|||
|
Do they garnish welfare?
Midland Credit Managment says I owe close to $5,000 for a line of credit that was supposedly paid off in 2005 as the result of a nasty divorce. The divorce left me penniless and I receive welfare...can they garnish welfare??? I live in Michigan.
|
Linear Mode
