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MIDLAND CREDIT GARNISHING WAGES

Date: Sat, 07/04/2009 - 11:16

Submitted by anonymous
on Sat, 07/04/2009 - 11:16

Posts: 202330 Credits: [Donate]

Total Replies: 4


I had a vehicle reposessed about 7 years ago. The debt was apparently transferred to a midland credit company who is now, 7 years later, trying to garnish my wages. I thought debt expired after 5 years in Florida? Also, I never received a copy of the "transfer of debt" showing this company. I never had a loan with Midland, I had it with NMAC. Any information on what to do would help.


The statute of limitation in Florida is 5 years and so the CA cannot legally collect the debt. Moreover, in order to garnish your account, the creditor need to sue you to the court and bring judgment against you. I think you should send Midland a debt validation letter by certified mail. Did you receive any summon from the court?


lrhall41

Submitted by SC on Mon, 07/06/2009 - 05:35

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Well, I received a "Continuing Writ of Garnishment" which apparently was filed in the court. There is a Judges name stamped on it, and it was served to my home, so I am assuming it is valid. There was a judgement filed in August of 2005. I also never received any document stating that this is the company that took over from NMAC. How can they still collect? They also have a form I can fill out called the "Claim of Exemption and Request for Hearing" form. Any help is greatly appreciated.


lrhall41

Submitted by on Mon, 07/06/2009 - 08:58

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Ok it sounds like you were sued prior to the SOL running out. If that is the case then they could garnish you. (They have to go to court for that too). Judgments last for 10 years in most states and many states allow for renewal.

Did you get served properly the first time? Did you just not go to court? What happened with that?

Even if you asked to see proof they were now the legal holders of the debt, you would have had to bring this up when you were sued (again during discovery). But without knowing the particulars of the original case, it is hard to know exactly what avenue you have left to go down.


lrhall41

Submitted by goldenbast on Mon, 07/06/2009 - 21:21

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