Author Topic: Wages garnished by Midland Funding LLC  (Read 8993 times)

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ma5cmpb

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Wages garnished by Midland Funding LLC
« on: November 17, 2011 01:45:01 PM »
9 weeks ago I started to get my wages garnished. I contacted my payroll dept to see who garnished my wages. They sent an email back saying it was Midland Funding LLC. I had never heard of them before so I asked for a copy of the info that they had. They sent me the court documents saying that i was being sued for $9815.00. I had no idea who the company was and i never had a loan for that amount.

I called the court and they said that I had to write a letter requesting a hearing, so i did that. On November 9th i had a hearing with the magistrate. I explained to her that I dont know what this debt is nor do I know who the company is. I also explained that i never got any info from them. So looked thru the files and asked who Crista was, and i said that is my my mom. She said that it was nothing she can but to release the garnishment since it was properly served. I told her that I didnt live at the address since 2003. She told me to contact a community lawyer and that she would give me a copy of the ppwk. While leaving the secretary said that I should file a motion to vacate in a another paert of the building. So i did that.

The next day I pulled all of my credit reports (annualcreditreport.com) and that debt was on there. I filed a dispute. The next day i get an email from Transunion showing that the debt was deleted from my account. I havent heard from the other 2 yet.

Any advice?

ma5cmpb

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Re: Wages garnished by Midland Funding LLC
« Reply #1 on: November 17, 2011 01:52:10 PM »
On Nov 15th I recieved a letter from the judge but i dont understand it. It says " This matter came for consideration upon Plaintiff's motion to Vacate dismissal and file entry of judgement. After review, the court does not find the plaintiffs motion to be well taken. It is THEREFORE, ORDERED, ADJUDGED, AND DECREED that the judgement rendered on March 18, 2005 stands."

On the letter it states that Midland Credit Mgmt is the Plaintiff and that I'm the defendent.

ma5cmpb

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Re: Wages garnished by Midland Funding LLC
« Reply #2 on: November 17, 2011 01:55:38 PM »
You can review that case (Public record) at http://courts.ci.akron.oh.us. The Case number is 05-00841. Thanks in advance.

KFMAN

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Re: Wages garnished by Midland Funding LLC
« Reply #3 on: November 17, 2011 01:59:46 PM »
Do you have the same name as your mom? 

Were you or your mom ever sever with a summons?

Did you go to the Vactaion of Judgment hearing?

cprems

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Re: Wages garnished by Midland Funding LLC
« Reply #4 on: November 17, 2011 04:21:26 PM »
I would contact a Consumer Lawyer. It appears that you were served in the wrong venue.

You may have actual damages arising from the judgment.

See if your mother was served.

Go get a complete copy of the Court record for this case, including, the judgment and certificate of service.

Does your mother reside in the same Court district in which it was served?

Are you in the same County? State?

Check your State law RCP's to see IF they can serve someone else in a different County.

I smell a rat here and it appears you were served in the wrong venue.

You may have to appeal this judgment to a higher Court.
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ma5cmpb

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Re: Wages garnished by Midland Funding LLC
« Reply #5 on: November 17, 2011 06:12:54 PM »
@Kfman Me & my mom do not have the same last name. I didnt attend any hearing because I never knew about it. When my wages were garnished was the 1st time i knew anything. When i had a hearing the magistrate showed me receipt signed for by my mother in 2005.

ma5cmpb

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Re: Wages garnished by Midland Funding LLC
« Reply #6 on: November 17, 2011 06:15:50 PM »
@ cprems Me and my mom live in the same area but different cities. it should be the same court district. She was never served, she just signed for the certified letter but never gave it to me. All the paperwork had my name on it. Its killing me cause they are taking $137 a week from my pay.

cprems

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Re: Wages garnished by Midland Funding LLC
« Reply #7 on: November 17, 2011 06:49:36 PM »
I would find out IF that Court house serves the jurisdiction in which you have resided.

many Courts will serve certain areas and towns. Find out if where you currently live is served by this Court house.

You can call the Court where the default occurred and ask them.

NEVER assume the service was legitimate. You need to find out for sure.

What amazes me, is that they were able to find you AFTER the judgment was entered, yet failed to properly serve you at your current address.

How long have you been at your current address? Has it been since 2003?

It begs an answer from the CA!


@ cprems Me and my mom live in the same area but different cities. it should be the same court district. She was never served, she just signed for the certified letter but never gave it to me. All the paperwork had my name on it. Its killing me cause they are taking $137 a week from my pay.
ALL my postings have NO legal value.

 I AM the "village idiot" please hold my posts to this standard.

 If you need legal Counsel - contact an Attorney.

ma5cmpb

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Re: Wages garnished by Midland Funding LLC
« Reply #8 on: November 17, 2011 10:45:18 PM »
I've been at my current address since 2008.

cprems

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Re: Wages garnished by Midland Funding LLC
« Reply #9 on: November 17, 2011 10:51:03 PM »
Did you leave forwarding addresses prior to that?

Did you update your creditors with the new address info?

Anyway we're getting a little off target here. Call the Court house, getting this Judgment vacated may be your best avenue. As I said before, You may have to appeal the decision to a higher Court.

This is going to take you some time and effort to figure out.

Let us know how it goes!
ALL my postings have NO legal value.

 I AM the "village idiot" please hold my posts to this standard.

 If you need legal Counsel - contact an Attorney.

ma5cmpb

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Re: Wages garnished by Midland Funding LLC
« Reply #10 on: November 17, 2011 10:58:45 PM »
I had all my mail forwarded to my new addresses. I did file a motion to vacate. The judge sent a letter back saying . It says " This matter came for consideration upon Plaintiff's motion to Vacate dismissal and file entry of judgement. After review, the court does not find the plaintiffs motion to be well taken. It is THEREFORE, ORDERED, ADJUDGED, AND DECREED that the judgement rendered on March 18, 2005 stands."

On the letter it states that Midland Credit Mgmt is the Plaintiff and that I'm the defendent.

I'll call the court tomorrow to see if my moms address is there jurisdiction. If its not then what?

CleaningUp

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Re: Wages garnished by Midland Funding LLC
« Reply #11 on: November 17, 2011 11:14:02 PM »

...It is THEREFORE, ORDERED, ADJUDGED, AND DECREED that the judgement rendered on March 18, 2005 stands...."



You are going to have an extremely difficult time to overcome this.

You will need an error in law. 

ma5cmpb

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Re: Wages garnished by Midland Funding LLC
« Reply #12 on: November 18, 2011 01:03:44 AM »
cprems was right. My mother lives in Green which is in Barbertons court district not Akron. The only thing is that her zip is 44312 which is Akron & Green , but she pays Green taxes. Ill call the court tmrw morning

ma5cmpb

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Re: Wages garnished by Midland Funding LLC
« Reply #13 on: November 18, 2011 01:45:51 PM »
I called the Barberton clerk of courts (moms jurisdiction) and they said that it doesnt matter where the civil suit is filed. She said it can be filed in either Akron or Barberton. Sounds fishy to me. Ill call Akron courts to see what they say

cprems

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Re: Wages garnished by Midland Funding LLC
« Reply #14 on: November 18, 2011 02:15:43 PM »
Check your State RCP (rules of civil procedure) this will give you the answer.

http://supremecourt.ohio.gov/LegalResources/Rules/civil/CivilProcedure.pdf

Some States allow service in any County. Others allow service in the County where you reside.

Where did you open the card?

Was it where you used to live in 2003?

You may have a venue and jurisdiction issue. A quick read of the RCP's states it should have been transferred to Akron. I may very well be wrong.

I think an Attorney consult may be the best way to go.

Did you ever raise the venue or jurisdiction issue in your letter/motion to the Court prior to your judgment being verified?
ALL my postings have NO legal value.

 I AM the "village idiot" please hold my posts to this standard.

 If you need legal Counsel - contact an Attorney.

 

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