Share post
Debt Consolidation Forums Bankruptcy Chapter 7 and Chapter 13 forums

Midland Funding default judgment – How to deal with it

member profile picture

I recently became aware that a levy was placed on my assets via Midland Funding, LLC as the result of a default judgement. I was never served a court summons or aware that I was being sued. I have never had contact with this group before about any debt, let alone had it verified.

Can I file to have the judgement vacated if I was never served? If they cannot provide documentation that I was properly served?

I currently live in NJ, and have no assets for them to take - I've been unemployed since 2010 and was technically 'homeless' for a large portion of 2011. I now live in the home of a friend and barter cleaning and childcare in lieu of rent... Do I have any options here??




There are a lot of things at play here. Midland couldn't serve you because you were as you say 'homeless'. They did not have a place of employment or residential address to serve you at. I'm pretty sure that you were not available on a phone or anywhere near one either. Neither could they contact you to inform you of their intent to collect the debt nor could they serve you the summons.

You can file to have the motion vacated and Midland would probably show up with documents to show that they tried contacting and serving you at the listed address. Unless you had taken the pain of constantly keeping your address updated with banks, credit bureaus, etc, Midland will win and the motion will be thrown out.

Sub: #1 posted on Wed, 05/02/2012 - 22:17

NathanielCopeland NathanielCopeland

(Posts: 272 | Credits: )

Depending on your state, you could have been served by publication in a newspaper.
You could motion to have the judgment set aside for lack of service. But you will need to use your current mailing address. They are likely to turn around and serve you at that new address.

Sub: #2 posted on Thu, 05/03/2012 - 03:11

SOAPLADY SOAPLADY
Moderators Cum Industry Expert
(Posts: 17272 | Credits: )

Midland Funding got a judgement against me and levied my bank account. I was able to file motion to vacate default judgement and then get it dismissed.

You will have to prove to court that you were not served and therefore court did not had personal jurisdiction over you. You should check the address from court where they served you. Then you can show them that you did not live at the address at the time when they claimed to serve you. This can be done by showing mail from actual address you lived at the time, bank statements, college transcripts, insurance policy etc.

When you file motion to vacate default, also write a letter and attach above mentioned evidence with it. The judgement will be vacated. After judgement is vacated, you will get new court date. At that point, you should either get an attorney to represent you, or just read lot of information on court website about how the judicial process work. If you are representing yourself, you can file motion for discovery. This will buy you time. You can ask them to produce bank statements and original contract with your signature etc. Discovery is time consuming and many collection attorneys will not fight a case and incur cost for being involved in prolonged court battles. So likely, they will dismiss the case themselves. Make it expensive for them and just keep on prolonging the process. Further, do not lie but do not admit to debt. The BURDEN of proof is on them so let them prove it.

Sub: #3 posted on Fri, 09/07/2012 - 01:09

Unregistered


If you don't have any assets for them to take, then there isn't anything to be concerned about. How much do you owe them? Can you file Chapter 7 or have you already? Postbankruptcy, you can start fresh and those debts will be discharged.

Sub: #4 posted on Tue, 09/18/2012 - 08:45

postbankruptcyshop1 postbankruptcyshop1

(Posts: 3 | Credits: )

Attachment
More information
  • Files must be less than 500 MB.
  • Allowed file types: txt pdf jpg jpeg png.


Page loaded in 0.687 seconds.