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General Credit Forum / Re: CREDIT ONE TO MIDLAND FUNDING
« Last post by nobk4me on Today at 08:57:12 PM »
Here is Midland's consumer bill of rights:

https://www.midlandcreditonline.com/who-is-mcm/our-pledge/

Specifically:

-We cease collection activities when we receive documentation indicating that the consumerís only source of income is from exempt sources, such as Social Security or Supplemental Security Income benefits, and that the consumer has access to no other assets. We work with and are sensitive to consumers who encounter unforeseen circumstances, such as job loss.
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Collectors and Agencies / Re: Sewer Service - Default Judgment
« Last post by Flyingifr on Today at 07:42:13 PM »
Delandra - can you at least say which COUNTY in NY? I used to live in NY and I know a couple of attorneys there.
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Arbitration / Re: Amex Lawsuit filed in NJ....Help
« Last post by grenelntrn on Today at 07:19:42 PM »
We are going through this together, but he will have to stand on his own after a point. We both are learning from this experience and I think the financial responsibility light bulb has gone on (albeit a bit late). He does have a years ahead so we would like to dispose of this and move on but financially he/we are not in a position to pay right now.

He has been served and we have sent in the "answer" (as deadline is in 2 weeks) including copies of the JAMS application, Amex terms, and the MTC.

We will just have to prepare for the hearing...
 
Any guidelines/traps  he should look out for ? Any specific to NJ?
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Arbitration / Re: Amex Lawsuit filed in NJ....Help
« Last post by The Litigator on Today at 06:46:51 PM »
Get him prepared for a court appearance...You're not going to be able to speak for him..

Excellent point CU.

If he isn't prepared to handle this on his own. Maybe he should speak with a collection defense atty to settle the matter for him.

He could also just bury his head in the sand and hope they don't find out where he banks or works.
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Collectors and Agencies / Re: Sewer Service - Default Judgment
« Last post by 11181986 on Today at 05:56:44 PM »
so you have a couple of issues (1) there is really no way judgment debtor is going to do this pro se (as vacating a judgment will require at least one court appearance, probably more) (2) in light of that fact, she would need an attorney (3) however, judgment debtor is unable to afford an attorney + there is a lack of trust of competent attorneys.

Based upon the above, she should visit with legal services where judgment debtor lives (or where court case was pending if those locations are different).  Long Island has a legal services organization, as does each borough in the city of New York, as does the mid-hudson valley region.  If judgment debtor does not live in those areas, I'm less familiar with how legal services organizations are run.  Here, you will get good quality representation, however, due to workload it might not always be the most responsive representation.
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General Credit Forum / CREDIT ONE TO MIDLAND FUNDING
« Last post by sticksandstones on Today at 05:40:32 PM »
Guys i found out my account from credit one was bought by midland funding but it also said atlantic credit and finance. I havent been contacted yet but credit one let me know they sold it. I was told midland had this rule where they wouldnt  attempt to collect whose sole income was disability. Can anyone verify this? Should i contact them first or let them contact me to let them know disability is my only income , if that is true.
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Collectors and Agencies / Re: Sewer Service - Default Judgment
« Last post by CleaningUp on Today at 04:18:39 PM »
There are but two things to read...FlyingIFR piece elsewhere on the board about making oneself "judgment proof".  And NY States list of items that are exempt from judgment.

A quick Bing Search (I no longer use Google after they fired that guy for speaking out) I found this regarding NY and its exemptions that collectors are required to respect:  http://www.neweconomynyc.org/what-is-exempt-from-debt-collection-2/
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Collectors and Agencies / Re: Sewer Service - Default Judgment
« Last post by delandra on Today at 03:15:02 PM »
Cleaning, you're sounding like a broken record at this point.  Just stop already.  1215

In the ideal world, we would have a "hired mouthpiece."  This isn't the ideal world.  They have no money.  There are no "hired mouthpieces" worth the money that they don't have.

Now you tell me to go sit in court and watch some civil attorneys, but apparently you didn't read the part about me being on the other side of the continent.

The best thing I can do, with regards to a "hired mouthpiece," is reach out to a local one that I trust implicitly and ask him for a referral (he doesn't do consumer law) to someone he trusts.  I have already done this and am waiting to hear back, but I am not particularly hopeful that he will recommend someone who is willing to work for nothing.  If I was local I would work with the debtor to try and secure a violation or two, once the judgment is vacated, to get them some leverage/money for an attorney to go after on contingency, but I'm not local, and putting the debtor on the phone with them on their own is a terrible idea.

If anyone has any tips on protecting personal injury proceeds from garnishment (my read is that they're typically exempt, but I have no first hand experience, and Google is not a law degree) I would be interested in hearing that.  I believe the law firm handling their PI case will structure their settlement in the most favorable way possible, they were already structuring the settlement to shield as much as possible from public assistance clawbacks, and I've made sure they know about this matter.  As I've said already, this is primarily information gathering, I think the situation is already well in hand, but I am seeking to learn new things here, not be lectured about the pitfalls of not having a lawyer, pitfalls I'm already well aware of.

Bottom line: If we can keep the debtor judgment proof then there's no need to do anything with this suit, or the next one, or the one after that.  Let them waste their time and money collecting worthless pieces of paper.  The debtor may contest them, if there's an easy (SOL) defense, or they may not, it truly won't matter at that point.
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An interesting update!

I had the university law clinic handle this issue for me for free.

Funny how when they contacted the IRS on their attaching someone else's W2, SS#, & tax debt to me, the IRS admits they made an error!

Once I receive confirmation by mail, this mess will be over!
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Arbitration / Re: Amex Lawsuit filed in NJ....Help
« Last post by CleaningUp on Today at 06:58:50 AM »
Get him prepared for a court appearance...You're not going to be able to speak for him..
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