LAWSUIT/HOPEFULLY NOT A GARNISHMENT
Date: Thu, 10/09/2008 - 10:15
What state do you live in? Who is suing you? When was the last
What state do you live in? Who is suing you? When was the last time you paid on the account? What else came with the summons? What are the details of the complaint? More info will better able the forum to assist you.
Not all states permit wage garnishment. Also, the ones that do,
Not all states permit wage garnishment. Also, the ones that do, a garnishment CAN NOT happen until a court judgment is entered.
If you were served with a lawsuit, DO NOT ignore it. You need to respond to it. Follow the directions on the summons. If you need an attorney, contact your local county bar association for a referral.
Check with the court and see if this is a real suit. CA have be
Check with the court and see if this is a real suit. CA have been known to fillout the documents and send them to people but not file them with the court.
lawsuit, hopefully not a garnishment
I LIVE IN OHIO AND IT'S Midland funding llc. I RECEIVED A COPY OF THE COMPLAINT, SUMMONS FOR A LAWSUIT AND FORM 400, WHICH IS A STATEMTN FROM A WORKER AT MIDLAND FUNDING LLC. IT HAS BEEN SINCE AND THEY SHOW A BALANCE THAT IS AS OF 1/9/06. I REALLY DON'T WANT THIS TO GO AS FAR AS GARNISHMENT, BUT TELL ME WHAT CAN I DO TO STOP THIS AND SET UP A PAYMENT PLAN WITH THE ORIGINAL COMPANY "DELL". IS THERE SOME KIND OF SOLUTION?
hi confused-- with Midland, you should challenge EVERYTHING
hi confused--
with Midland, you should challenge EVERYTHING that they claim. For example, this "statement from a worker at Midland" sounds an awful lot like an affidavit, which a lot of these collectors try to use as proof of their claim in court. It is not admissable in court because it is hearsay, but you would have to object to it being used for it to be thrown out.
Midland has a reputation for not following the law, and it is common practice for them to sue over debts that they cannot even prove as legitimate. Dont let the fact that you are being sued intimidate you into giving up your rights!!
Form 400 is an affadavit. Likely perjured and completely challe
Form 400 is an affadavit. Likely perjured and completely challengable. The person that swore it out can be called to testify but I guarantee that this "worker at Midland" has absolutley no knowledge of this account beyond your name and an amount on a chart of accounts.
Midland Funding is not the originator of the debt, they purchase
Midland Funding is not the originator of the debt, they purchased it from someone else, such as a credit card company. Make Midland Funding prove that they lawfully purchased the debt.
If you don't know how to respond to the lawsuit, then I would suggest you hire an attorney. You can get an attorney referral from your local county bar association.
My court day is tommorrow. I'm being sued by Midland. What can I
My court day is tommorrow. I'm being sued by Midland. What can I do. Please help
If you really need to, ask the court for more time. Contact your
If you really need to, ask the court for more time. Contact your local Legal Aid Society and ask them to assist you. Your best bet is not to challenge it, but work something out with them for payments, or inform the court you are willing to make payments and ask them to allow mediation to work out the payment plan. It will then become an order of the court and they will not be able to garnish your wages unless you default on that payment plan. The judge can then render judgement against you and allow them to proceed to the next step. Depending on the balance, they will most likely work with you considering Ohio does not allow attorney fees (in most cases) for collection cases.