Midland Funding LLC - “ How do you deal with this collection agency"?

I did check my credit rating and it IS on there. I've followed thru with disputing this bill on the credit report, so I'm hoping it will be taken off.

I do have court documents from my lawyer and the judge in my divorce proceedings stating that I'm not the one responsible for that specific bill. (we had a JCPenney account also that we had to split 50/50 in the divorce. I had my half of that bill paid off in 2 months)

I know this sounds like a stupid question, but please bear with me, but how was it possible that my ex-husband got HIS name removed from our joint account that we opened together? Could I have done that too, he just beat me to the punch?

If the account was opened under your name with him added as a authorized user he could easily get his name off of the account. If he was a cosigner on the card I believe that it may require signature from both account holders for the removal. Not entirely sure on this as it varies from one financial institution to the next. Another possibility is that the collection rep could have just been lying to you saying that you are solely responsible.

The most important issue to keep in mind here is that the court has the final say on the issue, if a judge has deemed it so that your ex is solely responsible for the account since the divorce then that is the way it is and Midland is just going to have to deal with it.

Unfortuantely, a creditor or CA(JDB) does not have to abide by what a judge might order in a divorce proceeding. If you are the primary on the account or joint account holder, you are ultimately responsible. You would have to settle the debt and then take your ex back to court and handle it there. He is in contempt of a court order and the judge should order him to reimburse you but you will have to initiate it. Send your ex a letter detailing everything and Cc: the court as well.

I live in the state of georgia. I have a garnishment that is being taken out of my payroll. I also have 401k. I try to settle but they want it all $13000. $8000 plus is court cost and interest. Does my 401k comes out of my payroll first. Then the garnishment.

Robbie, Is this a CA? If so, How did they obtain a garnishment? Did you fail to appear at a court hearing? There is a slight possibility that you can have the garnished stopped if you weren't served properly.

Is there a way I can stop the wage garnishment? I can't afford 25% of my paycheck going towards them and I would rather set up payment arrangements for them creditots.

Can your wages be garnished for more than 25% for a consumer debt?

No your wages can not be garnished for more than 25%. This is all that is allowed

I have received no phone calls or letters from this company until today. I received a letter in the mail from the county courts office stating I am being sued by this company. They are using my former married name which I remarried since 2002. I have no idea if they are collecting for another company, or for themselves. If for themselves I have no idea who they are. I did do some research on this company tonight and found out they are on the top lists of collection agencies you do not want to deal with. They have 473 complaints issues against them in the last 36 months reported to the BBB. What do I do about this? I have read where people are being sued for money they do not owe, wage garnishments without permission and many other things. I have never had this happen to me so I am not sure how to handle it.

Gapeach, Midland is a lowlife JDB. Check with the county clerks office to see if the summons is real. If it is, Try to get copies of all the information that was filed by Midland. This account may be beyond the SOL. If so, ask the judge to dismiss the case with prejudice because it is a time barred debt.

what is the statute of limitations

The SOL for a particular state or in general? SOL refers to the amount of time legal action can be taken. It varies by state. WHich state do you live in?

MIDLAND FUNDING HAVE GARNISHED MY DISABILITY CHECK WHICH FIRST OFF IS ILLEGAL. I HAVE NEVER BEEN SERVED WITH A SUMMONS TO APPEAR IN COURT, BUT YET A FREEZE WAS PUT ON MY BANK ACCOUNT AND THEN 2 DAYS LATER THEY EMPTY MY CHECKING ACCOUNT, AND NOW MY CHECKING ACCOUNT IS OVER DRAWN. THEY HAVE TAKEN ALL MY MONEY WITH OUT ANY WARNING.

Sassy,

Go down to your clerk's office immedietely and see if there is in fact a judgment, if there is, file an order to show cause and have it vacated because you were never served. I think in order for a bank to allow this, they would have had to show them the judgement, either way, go down to civil court and have it vacated. If you can get an attorney to help you that would be a good idea, if you cannot afford an attorney I would get in touch with a legal aid office. These scumbags were after me too, it didn't get as far as what happened to you.

Is the only source of income in your account from disability? If so, you can try calling up their attorneys and explaining to them that your income is exempt, sometimes that doesn't work, you can try. But file the order to show cause right away.

I was recently summons to court by Midland through another agency stating that I owe $4,000 on a credit card. The information provided is not in my leagal name and its listed at an address I haven't lived at for 25 years. This could be something that a family member has done but I'm uncertain because I have no further information. I tried to communicate with the company with no luck so far. Suggestions?

Guest, answer the summons, and mention that the information provided is not your legal name and you haven't lived at the address listed for 25 years.

Thank you!

I received a letter from an attorney, asking to represent me in a garnishment or lawsuit concerning Midland Funding. I have no idea what it concerns. The lawsuit is filed in another county. What can I do about this?

You need to contact the court of record and obtain a copy of the case file. Then prepare a Motion to Dismiss based on improper venue. They will likely re-file in your county.

for everyone in the state of ohio that midland funding has either collected money from or is in the process of should contact me asap they are comitting fraud against the people of the state of ohio , fraud upon the courts, and the judges that have allowed the collection of monies or property should be prosecuted for treason . you can reach me at [email]writchey@hotmail.com[/email] thankyou

i have to appear in court over a credit card that i had to stop paying on due to many different circumstances. How does it work if i don't have any assets outside of a saving account? And i don't have a job.

i would like to know that how much do owe

Can this company garnish my Social Security Wages from my Disablement check Leagely ?

Dawn...no they cannot garnish SS wages,

I got a letter for the IRS stating that I owed them $168.00 . They received 1099-C for cancellation of Debt in the amount of $1,060.00. H & R Block did my taxes for 2007, so I went to them and ask what this was for. They said that I should have received a 1099 from Midland funding LLC for this. I never received any 1099. So I have had to send money to the IRS for something I knew nothing about. Can you tell me what I need to do.

There's not much you can do. There is no way to prove you didn't get the 1099.

can a creditor that is garnishing 25% of my check take my 401k money? Ihave like 4500 in there and I owe them 11,000

No, they cannot touch your 401K.

just received notification fromasset acceptance llc that purchased the account. They say I owe $2k plus. I filed bankruptcy 25 yrs ago - can I still owe this debt. Can't send registered - they have a po box.

CJ, you can send a registered letter to a PO Box, they will have to sign for it when someone picks it up.

bunch of lowlife smut scum of the earth, my lawyers going to carve them a new asshole once they start garnishing my wages

CJ,

25 years ago?! That's SOL all the way!! Send them a Cease & Desist letter right away. Tell them to shove off!

I recv a letter from midlanding talking about garnishment.So i called and they was so nasty they said i owe 735.00 and I am willing to pay 400.00(that all i have) so we can close the acct.I never recv any letter prior then this one dont they have to take me to court first befor they just take mony out of your check.

How long is the statue of limitations in the state of KY. They say they are going thru a law firm called Morgan& Pottinger P.S.C. out of Lousisville, KY

They can request your employment to voluntary attach your wages. Most won't do it without a court order, but many will.

SOL for KY is 5 years.
"http://www.fair-debt-collection.com/SOL-by-State.html#18"

I just received a "supposed" summoned wage garnishement in the mail......although no one ever signed for the paperwork. They are telling me that in 2 weeks if I dont come up with 1300$ then my checks will be garnished....yet nothing has been served to anyone, not even my employer. Is there any way that wages can be garnished without my employer being notified?

CAN YOU TELL ME IF A SUBOPEN A LEFT ON YOUR CAR WINDOW SHIEL IS LEGAL WITHOUT PROPER SIGNING? THIS
HAPPEN IN CALIF PLEASE ADVISE THANK YOU

CAN YOU TELL IF A SUBOPENA LEFT ON YOUR CAR WINDOW
SHIELD IS LEGAL? THIS HAPPEN IN CALIF , PLEASE ADVISE
THANK YOU

Car window?! How can they find your car but not your mailing address?

Information Sheet for the Service of Process in California.

In person or by mail.

You may wish to call your local court and verify with them that it is a real summons.

midland llc suppose to garnish my wages thank you for replying on the subopena left on my windowshield
i didn't sign anything. i have been to court three time last year
they still hounding me with letters. question is this legal in state of calif?

And why don't you file for bankruptcy? It seems *far* better than being hauled into court every few months.

Ok, I just got a call from jay Taylor PC, a division of Midland funding. They told me they were trying to contact me regarding an old bank of america account. I do believe this account is past the statue of limitations, so I havent been to concerned about it. When I said I had received no communication at all, what address did he send the letter to, he told me an address we had over 10 years ago.. I didnt even have that credit card at that address. I did not update my address with them, and he told me I would be served. What should I do?

Thank you so much.. Yes, I am in Texas.. I will do this immediately.. Thank you so much! I cant remember the last time it was paid.. I think the SOL might have about 4 or 5 months left..

Amy

hello
i had a judgment in mccraken county court by judge cylmer , the case was midland court the case credit card was 1997 last payment , i got notice on sept 2008 i was being sued by midland , i asked whats for and tried to repersent myself , they won because they stated sept 16 there was a court hearing , and iwas not been notified i did not know about the court date , then they filed summary judgment because i did not show up , what can i do from this point , they played crooked pool , now they have a judgment what can i do , go talk to the judge or what ,,

oh god, Im so sorry to hear about this.. What a mess. Please people are bottom of the barrel. When this guy first called me, he said that I hadnt answered my letter and so I said, what address did u send it? he said oh so and so, which I havent lived at in over 12 years AND didnt have that address when I had the card that went to collections.. Its almost if they are trying to be deceiving.,

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All of you people that have not been properly served - I am looking to take Midland Funding down.

If any of you have kept all your papers in order, and have had a lien or garnishment, and you know you were not served - I am interested in hearing from you.

I want to gather as much info as possible and send it to the US Justice Department.

Again, you have to have some proof - For instance, they contacted you at a new address, but served papers at an old address.

Please leave a message here - I will come back to check this website, and I will put up a website or e-mail box for you to contact me.

I am working with a friend who I know that these people served wrong. And I am sure that I can find others. If I can get enough, I can present it to the US Justice Department.

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Please feel free to repost your message, in a coherent manner, and without the repetitive and gratuitous use of the F-bomb. - Uncle Wulf

I had a 2,400 dollar loan 11 uyrs ago, now midland is charging me 38,000 is this possibkle and can they tyake my home>? What can i do?