Internet's first get-out-of-debt community - 134,000 members

I was unaware that I was being sued by Midland Funding (through Javitch, Block and Rathbone)as I never received the summons (apparently must have been at work or something). I started receiving letters from various lawyers offering to represent me in this suit, so I started investigating. I contacted JBR, spoke with the representing attorney and he agreed to work out payment arrangements with me. I made full payment on 2/12/07, but their dismissal letter to the courts didn't reach the judge in time and he gave them default judgement against me. The JBR rep has been giving me the run around in sending in the Motion to vacate judgement and keeps saying she'll try to take care of it. She's also made several comments that the attorney in her office told her to just leave it alone and not waste her time because if I had paid my bills in the first place, I would never have gotten myself into this situation. Is there anything that I can do - any paper work that I can file with the courts that shows that we agreed at a settlement amount and that they were paid as we had negotiated, or am I just up a creek?

I work for a bank and yes, have had credit issues. But a judgement against me will get me fired. I'm also afraid that with them being granted judgement, that they'll try to garnish my wages or something and act like I still owe them the money. I've read the horror stories about Midland and JBR on this site, so you I hope you understand why I've so nervous about this. I can't afford to loose my job, not that any of us can, but if I can get this taken care of before the bank finds out, at least all have that information to present to them in case they bring it up.

Any advice is greatly appreciated.

Posted: Mon Apr 30, 2007 11:01 am Subject:

I didn't think that you could get fired for having a judgment against you.....

Posted: Mon Apr 30, 2007 11:02 am Subject: Vacate

Send a certified letter to the court with a copy of your check. Addres it directly to the judge. Also copy the lawfirm. They should have been quicker to contact the Judge. You will geyt your letter immediately when they see that you contacted the court. They do not want to face the Judge and explain this.

Posted: Mon Apr 30, 2007 11:19 am Subject:

When the account is already paid by you, there is no need for you to pay anything more in the judgment. You need to call your creditor and show proof of the payment done.

Your bank should not fire you because of the judgment for a debt that is already paid before. Talk to the creditor and get it sorted out. They need to file the papers to the court. Have a look here and know the process when a judgment gets paid.

http://www.debtconsolidationcare.com/credit-repair/court-judgment.html

Posted: Mon Apr 30, 2007 11:37 am Subject:

Hi. For some reason my last reply didn't go through. I did contact the courts after I pulled my record and saw that they had issued a default judgement against me after I had already worked out payment outside of court with the lawyer's office and paid them in full. The clerk's office said that they did not file the motion to dismiss until almost 30 days after I paid them off, so the judgement had already been placed against me and that the lawyer's office would need to file a motion to have it removed. I spoke to the plantiff's law office (creditor won't speak to me - they just send me over to the law office) 3 weeks ago and she said give her a week and they would make sure all of the necessary paperwork would get filed. I checked with her last week, but nothing had been done yet. I checked with her again just a little bit before I posted and that's when she basically said she'd try to get someone to file it, but basically that I should've paid them before it came to that anyway and live with the consequences.

I talked to the courts again just now and she said when the law office called her a few weeks ago, she could tell by their tone that they weren't going to do anything and has had my file sitting on her desk ever since waiting for me to call her again. She said I have to go and file a motion to set aside the default judgement now and that they'll notify me with a court date.

I guess that's all I can really do, isn't it?

Posted: Mon Apr 30, 2007 11:46 am Subject:

If the plaintiff's lawyers aren't going to do the right thing, then yes, you will have to go through the courts to get the judgement dismissed.

Posted: Mon Apr 30, 2007 12:52 pm Subject: HELP

Lawyers like this give the whole profession a bad name. If they have nothing to gain they do nothing whether its the right thing or not. A shame. Report them to your local Consumer Advocate TV reporter.

Posted: Mon Apr 30, 2007 1:02 pm Subject:

I used to work for a couple of banks. At one of them, if we bounced even one check we got a warning. After 2 or 3 checks, they could fire us. I can imagine if I had a judgement filed against me they certainly would have fired me. Fortunately I had more money when I worked there and never bounced a check. At another bank that I worked at they didn't care if we bounced checks but another girl got fired for overdrawing her home equity line of credit.

Posted: Mon Apr 30, 2007 3:48 pm Subject:

I beleive it. At banks they don't want to employ people with money problems, as in their minds they think it makes one more likely to steal from the company, whether true or not.

Guest · Posted: Tue May 01, 2007 5:20 am Subject:

I've been here almost 9 years and do not actually work in an area that has anything to do with the money portion of the bank. But yes, even looking through our handbook yesterday, it says that at any point in time if you go for a promotion, grade change, anything, that you are subject to new background check and judgements are one of the ones on the list. They don't want un-reputable people working for them, which I do understand.

Just to update, I went to the court house after posting on here and talked to a wonderful lady in the small claims department. She said that they have had a lot of complaints in their office about this law office and that she believed there was actually a class action suit going on against them. They apparently hunted her sister down and tormented her for over a year on an account that wasn't hers. Needless to say, when they pulled my file, it's not that they didn't file the paperwork, it was conveniently not signed. So, they had me file a motion of satisfaction with the courts and I have to go in front of the judge on the 15th. It just aggravates me to no end. They say one thing, and do another and when I tried to get things in writing, they wouldn't agree to it - of course not, then I have recourse. Oh how I wish I had learned everything this site has taught me in the past few weeks before I even paid that to begin with. I probably would not have had to pay them a dime.

Thanks everyone.

*Name:
*Email:
*Phone:
*Zip:
*Debt

	* denotes required field

Internet's first get-out-of-debt community - 134,000 members

HELP! Motion to Vacate Judgement advice: Midland Funding

Members Area

Free Debt Counseling

Ask the community

Featured Discussions

Featured Articles

Question of the Month

Also See

Recent Forum Discussions

Recent Blog Post