Midland Bank Garnishment
Date: Fri, 09/07/2012 - 09:26
I just had my bank account cleaned out by Midland Funding. When I called them I asked what this was for. They told me it was being handled by the attorneys and they didn't have any further information on it. Not even the amount. They gave me the attorney's number (Mercelli and Kramer) and I called them. They told me it was for a judgement against me from Dec. 2008 for First Consumers National Bank and for a total of $7337.59! They took $1,264.24 which among other bills was my mortgage payment. I asked the attorney's office what happens next then every time I put money in they will take it out until the balance is paid? She said no, it was a one-time thing but that if I didn't make payment arrangements they could do it again. I said I didn't even know what the bill was for. I don't remember seeing anything about it, or getting papers about a judgement. Now, since the judgement was supposed to be 4 years ago it's possible I did and don't remember, but I would think I would remember it. I asked her if she had any other information and she said it says to "see the electronic file" but she couldn't see it and no other information. She said the bank was going to hold the money for 14 days and send me within three days a document that I had to read to see if there were exemptions. I asked what the exemptions were and she said she couldn't give me any legal advice but I could research online, and I could contact the county I live in and get a copy of the judgement.
I am getting a copy of the judgement today and I will check to see how it was served and that it meets the requirements for my state. If it does not what can I do? Do I tell my bank it was a fraudulent garnishment?
How do I find out when the last payment activity was made on this case? I think it may be from a credit card I had when I was first out of high school and our states SOL is 6 years. I doubt until the garnishment anything had been paid in 6 years. Does this even matter if I had a default judgement against me?
Also, I see in my state (Minnesota) I can try to get an exemption from the money that was taken to equal 25% of my paycheck within 20 days of my paycheck being depositied, but I need to provide 60 days worth bank statements. Does it matter if I had money deposited into my account after my paycheck? I had just deposited this money from my father-in-law because I had done a significant amount of shopping for him at Sam's Club and the grocery store and he paid me back, this is what I was going to pay my mortgage with.
I am now scared to put any money into my account at all. I can't afford an attorney as they took all of my money and I am the sole income for my family of five.
I apologize for the length of the post and hope you can give me some further advice. I have learned a lot from previous posts.
Hiya, first things first--you need to check the docket for the
Hiya,
first things first--you need to check the docket for the records on the court case. This happens a lot--its possible that they had you served at an old address on purpose so they could get a default judgment. So you will want to review the info from the court case. Please get back to us when you have that info, it will tell you what your next step is. I would be happy to help you through this process, just let me know what you find. Thanks!
Jon
copy of judgement
Thanks for your help. My husband picked up the judgement and to my surprise it was only 1 single page! It lists me as the Judgment Debtor and it does have my current address there and the Judgement Creditor is listed as Midland Funding LLC C/O Messerli & Kramer PA and their address. Then it says "The Summons and Compaint in this action, having been served on the Defendant (my name) and more than twenty days have elapsed and no copy of an answer or appearance to the complaint has been served upon Plaintiff's attorney as required by summons. Now, on motion of Midland Funding LLC, it is hereby adjudged that the Plaintiff(s) recover of the Defednat(s) (my name), the amount of $6,350.14 said amount to include prejudgment interest and costs and disbursements."
"Notice of Entry of Judgment
You are notified that a judgment in this cause was entered on December 1, 2008 in the office of the Court Adminsotrator of the above court and was docketed on 12/1/2008 at 9:13 AM Then signed by the court administrator."
I was hoping this was going to give me a lot more information about who the original debt was with and more information about that debt, last paid how I was served etc. but it was just the one page as I typed it above. When I called Midland LLC they told me they didn't have any information on it at all and gave me the attorneys number. When I called them all they could tell me was the total and said the original debt was with but not what kind of card it was or anything.
I'm lost and as I said am afraid to use my bank account! I really appreciate any help I can get with this.
Minnesota uses a "hip pocket" process for lawsuits like this. Mi
Minnesota uses a "hip pocket" process for lawsuits like this.
Minnesota also sued Midland for robosigning:
http://www.startribune.com/business/118777379.html
First file a complaint with the state AG office for sewer service etc.
Second contact a consumer advocate attorney like Pete Barry in MN and discuss your situation.
Third figure out if you meet any of your states exemptions and file for them.
you're suggesting they file a complaint with the AG for sewer se
you're suggesting they file a complaint with the AG for sewer service when you have no reason YET to believe that to be the case? why not suggest the OP find out HOW, WHEN and WHERE service occurred before suggesting this? they already admitted they might have forgotten about it by now....
a judgment notice it just that, notice of the judgement information. and just because the judgement notice has your proper address doesnt mean service was obtained at your proper address. find out where, when and how service was obtained. i would find it irresponsible to file complaints at this juncture.
I agree it may be jumping the gun a bit. First you need to see
I agree it may be jumping the gun a bit. First you need to see exactly how it says you were served and try to remember back. If you were in fact served, then you might unfortunately be out of luck as there is not much more you can do about it at this point but I do offer a suggestion: get an online debit card account like netspend, walmart, or Change...there are several out there and they are hard to track down. You can keep your money in there.
If you were not served, then you can fight it. First you get it vacated and then immediately smack them with debt validation letter and pursue it vigorously..they were willing to sue you so you should be willing to sue THEM if you catch them on violations (which it is almost a guarantee you will, they are notorious for breaking the laws left and right).
How I was served
That is one of my issues it doesn't say how I was served. If being served means a sherriff came and served me with papers, no. I don't recall signing any certified letter either. If they can serve me just by sending me a letter that is where I may have missed it. In the judgement it simply states that I was served with nothing on how.
I'm also wondering about how I can determine the SOL because I am fairly certain (if this is even for the credit card that I am thinking) that I would have met the 6 years SOL that Minnesota has.
Thanks again everyone for your help.