Author Topic: Midland Funding LLC Judgement Vacated  (Read 2625 times)

0 Members and 1 Guest are viewing this topic.

sandiegosoul

  • Valued Member
  • Posts: 7
Midland Funding LLC Judgement Vacated
« on: December 09, 2011 10:18:12 PM »


I got default judgement of $5500 vacated against me today. Midland Funding LLC levied my account last month and left me with no money.

Per my discussion with Barbara, I filed motion to vacate. Judge granted the motion & sent a copy to attorney of Midland Funding LLC.

Now how do I get my money back from Midland Funding LLC which they took from my account last month?

Further, What grounds I should sue Midland Funding LLC on now.

The lawsuit was filed in county where I did not live. Is there any other ground I can file a lawsuit on?




kevinmanheim

  • Valued Member
  • Posts: 9335
Re: Midland Funding LLC Judgement Vacated
« Reply #1 on: December 09, 2011 10:32:01 PM »
I would see a local attorney who understands the FDCPA.

If what you wrote is accurate, you will have attorneys jumping to take that case, and you will end up with a check for your troubles.

sandiegosoul

  • Valued Member
  • Posts: 7
Re: Midland Funding LLC Judgement Vacated
« Reply #2 on: December 15, 2011 01:47:23 AM »


I just called the court in New Jersey. I reside in San Diego. When my account was levied, I filed:

1. Motion to vacate with court.
2. Letter to judge objecting levy.

The judge denied letter objecting levy.

However, he granted motion to vacate. Now doesn't granting motion to vacate automatically cancels the levy? I want my money back.

The court levy officer told me he will need to either hear from court before he releases money back or the attorney of plaintiff.

I called attorney of plaintiff, and they said that they got the papers. I asked them why they did not send to levy officer yet. They told me that they sent it yesterday. Does that mean that levy officer will give me money back?

Further, The court has set aside judgement but given a court date of end of January. Since  I live in San Diego,  I cannot go to new jersey for this hearing. How do i dismiss this case or get it transferred to San Diego?

I just drafted a letter to other party attorney reminding him that they are in voilation of FRCP since they sued me in different venue and I reserve right to take it to court in san diego.

Please advice


ikuomanero

  • Valued Member
  • Posts: 171
Re: Midland Funding LLC Judgement Vacated
« Reply #3 on: December 15, 2011 02:05:06 AM »
Have you ever resided in New Jersey before?
To all newcomers to this board: when you post, always use correct punctuation, grammar, and sentence structure. 

By doing this, not only will you receive more replies to your questions, but you will be laying the ground works to success...both in the courts, and in real life.

Feel the pain of discipline, or feel the pain of regret.

sandiegosoul

  • Valued Member
  • Posts: 7
Re: Midland Funding LLC Judgement Vacated
« Reply #4 on: December 19, 2011 09:34:58 PM »


I just found out that Attorney has dismissed the case against me in New Jersey.




cprems

  • Valued Member
  • Posts: 2188
Re: Midland Funding LLC Judgement Vacated
« Reply #5 on: December 20, 2011 05:40:11 AM »
Start searching for a consumer lawyer.

It appears you may have actual damages (the judgment) plus the money that was levied from your account.
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.

NotBonJovi

  • Valued Member
  • Posts: 1407
  • No. I'm really NOT dead.
Re: Midland Funding LLC Judgement Vacated
« Reply #6 on: December 20, 2011 11:17:49 AM »
Where was the account that was levied? NJ or Cali?
Helpful Links:
Abbreviations / Search Whole Board / The Flyingifr Method

There are some that push you to fail, but some who push you to succeed. Few realize or know the difference.

sandiegosoul

  • Valued Member
  • Posts: 7
Re: Midland Funding LLC Judgement Vacated
« Reply #7 on: December 20, 2011 08:06:34 PM »

I opened the account in Arizona 10 years ago. But I have resided in California was about 9.5 years. My understanding is that they served and levy in New Jersey since the judgement was not domesticated in California.

Today bank remitted my money back to my account. But they did not refund legal processing fee of $100.

I am seriously considering a law suit again all parties, including Midland, their attorney and wells fargo.

sandiegosoul

  • Valued Member
  • Posts: 7
Re: Midland Funding LLC Judgement Vacated
« Reply #8 on: December 20, 2011 08:07:15 PM »

I am also writing to bank to ask them to return legal processing fee.

CleaningUp

  • Valued Member
  • Posts: 8568
Re: Midland Funding LLC Judgement Vacated
« Reply #9 on: December 20, 2011 08:10:59 PM »

I am also writing to bank to ask them to return legal processing fee.



Not going to happen.

But that $100 -- and any overdraft charges you got stuck with -- are damages you can claim in your law suit.


 

credit