Midland Funding LLC and Eaton Group

hang on a second, let me get this straight....

Midland is suing you for $2800....but they put a lein against your home for over twelve thousand dollars??

Something sure doesnt sound right on that deal....

anyways, if you and your wife were married when you first got this credit card, they can try to come after her for the money as well, because you live in Louisiana, which is a community property state. I live there too, incidentally. If she has income or bank accounts, they can try to get money from those.

You may consider looking for some legal aid, since you have no income you may find some help there. That lein just sounds way wrong to me....

I just didn't know if I should call their attorney or if I should try contacting them or not. I read on the interent, not sure where now, some had something similar happen and the response was -- EXTORTION --. Can they legally post a lien valued at almost 10x what they are suing for on property that does not have my name on it?

let me ask you this--

first, did the credit card debt originate before or after you got married? If you opened that account before you married, then community property does not apply, and therefore they would not be able to go after anything unless it had your name on it--your wife's money and assets would be off-limits.

Second, the property that youre talking about, I am guessing that it is solely in your wife's name. Did she acquire that property before or after you two got married? If she had it before, then she might be able to fight the lein on the grounds that the property was hers before the marriage, and therefore cannot be considered a product of the marriage.

The house was built by her parents which are both deceased. She inherited the house and has only her name on the title, not mine. The cards, I got them after she got the house and we were married. The thing I don't get, is how can they issue a lein for ten times what they sued me for? Just don't see how anyone can do that legally.

I had no part in her getting the house what so ever. She was living here before I ever moved in.

yeah, I dont think they can lay any claim to that house, since it was hers before you were married. My best suggestion is that you look for a consumer attorney on naca dot net and see if they can make some sense of this. I have personally spoken with an attorney in Baton Rouge before, his name is Garth Ridge, and he seemed like he knew his stuff. I would definitely call him or another attorney, because I think they really overstepped their bounds on this one.

hey--check out louisiana civil code, article 3303--it states that a judicial mortgage is created over property that the obligor owns......since you are the obligor, and you dont own that property, that should make it 100% illegal for them to put a lien against it.

thanks for the info and the help. I feel alittle better. I will get on it. THanks again

Midland Funding and the Eaton group has filed a judgement against me and put a lien on the land that my husband interited from his father for a old credit card debt of mine. We were never notified of tis judgement and found out about it when we went to refinance our home. Now we are offering a settlement to them and the woman we are dealing with is being very uncooperative. This credit card only had a limit of $500.00 and now they have put so many charges on it that now they want over $4,000 which we do not have. They are not wanting to settle and they want more money than we can give them. If you offer to settle then they should want to get some money out of it.

you lost all your leverage if you told them you are refinancing the home. if they have a lien then they will get paid in full during the refi. why would they settle knowing that?

Eaton Group is a rip off....get an attorney ASAP

Hold it there- to poster on 9/18 #10. First if were sued and never served for it-go straight to the court house and file for vacating the judgement due to improper service and next question the fact they put a lein on something that does NOT have your name on it-ILLEGAL! Next, if the card is in your name only they cant touch anything in your husbands name only. GO STRAIGHT to the court house and ask the clerk there for the forms and also go to naca.net for a consumer lawyer.

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