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Posted: Sun Nov 09, 2008 6:20 pm Subject: debt collection-judgments

I was sued by a 'junk debt collector'. I had to go to Small Claims Court. I could say about nothing except I thought the debt if legit was beyond statute of limitations. I also stated my ONLY income since 1979 was a Social Security Disability check.

(besides that the collector followed nothing in any debt collection laws..Midland Funding/Schiff..)

I sat in court as the 'judge' negotiated payments out of peoples Social Security checks. (other than my case)

In my case the 'plaintiff' could not even find any paperwork relating to my case so said nothing. (the lawyers office vs. me)

ok---I just got my judgment that I have to pay $35 a week out of my Social Security Disability check and interest accrues forever until paid. (there was no interest in past 10 years)

I am very ill and talk about rough times for many in 2008 ?? I can't even pay doctors bills and the state here as to any assistance has gone to about zilch.

Quite simply I think I will be dead over this one.

State of Connecticut-Small Claims Bridgeport

Posted: Sun Nov 09, 2008 11:15 pm Subject:

After getting a judgment you either have to follow as said in the judgment or appeal the judge's decision.
phoenix - comment

Posted: Sun Nov 09, 2008 11:17 pm Subject:

I have also found the following information that are relevant enough for you: -
phoenix - comment

Posted: Sun Nov 09, 2008 11:28 pm Subject:

Please also check the Statute of Limitation of your debt because many-a-times the junk debt buyers buy SOL expired debt. Please check the SOL limits for different debts in the page: -
Statute of Limitation in the United States

Posted: Mon Nov 10, 2008 6:38 am Subject: == death ==

Small Claims Court is FINAL in Connecticut.

The Plantiff can't even find anything relating to me during trial. (I was not on his list of cases)

Junk Collectors in Connecticut obviously need NOTHING to get their judgment.

To me it's very emotional. All I have is the disability check--and it's direct deposit into a bank....

Death is easier than this....

The whole court session was Midland Funding vs.....

I sit there and observe the judge negotiating with various parties about how much to take out of their Social Security checks.

Imagine a real legal case where the plaintiff HAD NOTHING TO SAY because it was lost in the paperwork somewhere ??

o---real option to dispute !!!!

Old credit file`things from 10 years ago that went through numerous collection agencies and every one updates the dates ?? (and added to amount)

hey..I am ill and just showing up was a real task...

--- and meet Connecticut justice where the judge grants 100% judgments...

Help in Connecticut ?? Legal Aid ?? Forget it.

AGAIN--SMALL CLAIMS IN CONNECTICUT DECISIONS ARE FINAL.

So now my SS DISABILITY goes to Midland Funding. In Connecticut there is not even any medical support for those in illness. Medicaid is gone.

As said if one is ILL it's a real tough time trying to defend oneself. I hate to be bazaar but death might be the easiest way out.

Posted: Mon Nov 10, 2008 7:05 am Subject: -------------------

I might add I am not Carl G. Mitchell. I am legally Gary Carl Mitchell. At some times I went by G. Carl Mitchell.(in life)

All records of this case have my invoices of late 1990's and early 2000's with G.Carl Mitchell on them. Only the collector attorney switched things to Carl G. Mitchell. Why? My father is named Carl Mitchell and he is over 90 years old with multiple times in hospital over this collection thing and on his last ping with a pacemaker.

I have asked the collector to correct the name. I have asked the court. My ss# is on any alleged debt I have but to attach bank funds they run through Carl G. Mitchell or Carl Mitchell and attach my fathers funds ?? In Connecticut all I see is a name on execution forms and nothing else. No ss# etc.

So two deaths here. One by harassment for years and natural old age and ME---very ill....

ASK THE COLLECTOR TO CORRECT ? ASK THE OFFICE OF ATTORNEY GENERAL TO CORRECT ? ASK THE COURT ? NOTHING.

Posted: Tue Nov 11, 2008 9:39 pm Subject:

Sorry to hear that Mtriga. I have found the following information.

phoenix - comment

For more information, please go through the "What if I am sued in Small Claims Court?" section of the page http://www.larcc.org/pamphlets/consumer/small_claims.htm

Guest · Posted: Wed Nov 12, 2008 2:39 am Subject:

mtriga, I'm not sure, but it seems that this is one time that maybe you shouldn't have gone to court. They would have received a judgement, but yout SS would have been exempt. Maybe someone else can help you out on this. It appears that this judge maybe receiving kickbacks. Just my opinion.

unsure · Posted: Thu Nov 13, 2008 3:02 pm Subject:

A supposed debt collector called my home and left a message with my roommate that he had a civil claim against me. I'm not sure if this is even true. I do have a small amount of debt that was incured when I was a teenager but am too scared to call back. I am in CA and this person said they were in NY. What will happen if this is true. Will I have to go to court in NY?

Posted: Thu Nov 13, 2008 3:59 pm Subject: reply

no you won't have to go to court in NY.in fact they did break the law in even saying that little bit.i would call this bottomfeeder back as it turns out there are alot of bottomfeeders and rent-a-lawyers in NY.if they threaten arrest and other stupidity i would hang up and not talk to them again.

Posted: Thu Nov 13, 2008 4:21 pm Subject: Statute of Limitations

Does the Statute of Limitations begin when the debt was originally opened? Does it (SOL) begin again when a collection agency takes over the debt?
Example: Credit card opened 9/2004, stopped making payments 4/2008, sent to collections 7/2008. I am in WA State. What date would I use to calculate the SOL?
Does this even make sense? Thank you

Posted: Thu Nov 13, 2008 5:33 pm Subject:

SOL is calculated from the date of first delinquency on the account. The first time the account went past due, and was not subsequently brought back current. In your example, that would be 4/2008. SOL in Washington state is 3 years for open accounts [which is what credit cards are].

cardreport.com/laws/statute-of-limitations.html

Posted: Sun Nov 16, 2008 11:53 pm Subject:

how did CT over rule the federal govt on SS garnishments?

Guest · Posted: Mon Nov 17, 2008 1:31 am Subject:

Good question JT. Anyone have an answer?

Posted: Mon Nov 17, 2008 1:44 am Subject:

sorry, I can't do the quote thing, but heres the Federal Statute regarding SS:

it- comment

Posted: Mon Nov 17, 2008 10:23 am Subject:

What I don't understand is how can a judge order someone to pay from SS is SS is exempt? This is very disturbing. The whole thing is very disturbing...the plaintiff had no documentation at all and just sat there silent??? Something wrong here IMHO.

I would have objected strenuously and demanded documented proof....but it sounds as if the judge would have ignored the requests...