09-20-2013 01:43 PM
09-20-2013 04:35 PM
I don't know about judgment, but I dont think somebody can arrested your for debt judgment.
You can. There are at least 6 states that will arrest you for not paying.
09-20-2013 04:45 PM
Like many people, I too have been used my Midland Funding. It started with a summons the Spring of 2011. The court order requested me to show up in court to defend myself against this debt. I was in the process of moving from OR to CA so by the time of the court date I had already moved 1000 miles away.
I didn't hear anything from the circuit court or Midland until recently. I just received a letter from the Circuit Court of Multnomah County requesting a court proceeding next month. I states that I need to show why I haven't paid on this debt and it is mandatory. My credit report shows two default judgements against me from Midland.
The letter also states that if I do not show up, a bench warrant may be issued for my arrest. This is a problem as I live in Central California. I obviously don't want to be arrested when I go back to Oregon or have my wages garnished. Although I haven't heard from Midland or the Count regarding when garnishment, is this possible?
The credit debt is from when I was in college from around 2004-2008 for around $3000 per judgement (two cards, two judgements).
Any advice on what I should do?
Thanks in advance.
They obviously do not know you moved. A judgment from Oregon cannot be collected on in California without first being domesticated in California. That means Oregon has to ask the new state to honor a judgment. It costs a lot of money for that to happen and unless you owe a tremendous amount, it usually won't happen. Their other alternative is to seek a judgment against you in California.
They also cannot garnish your wages for an out of state judgment.
I would contact the attorney and let them know you have moved to another state and were not in Oregon when the court date happened.
09-20-2013 07:37 PM
Arkansas and Washington are 2 and I believe Minnesota. There are others but I would have to find which ones.
It is not like being arrested for debtor's prison. Whoever the judgment creditor is will send paperwork to the local law enforcement asking for your arrest for not paying your judgment. It is more for defying a court order. But the bottom line is it is for a debt.
09-21-2013 05:56 AM
When a creditor has a judgement, they can ask the court to summon you for a "disclosure hearing" or "debtor examination". At that hearing the judge may order the debtor to turn over specified assets, possibly the judge may also order a payment plan.
People get arrested for ignoring the subpoena for the hearing, or for failing to do what the judge orders. There is no arrest for just having a judgement against you.
If the judgement is in another state, you need to respond to any hearing subpoena based on lack of jurisdiction of the foreign court.
09-21-2013 07:57 AM
That's terrible, turtlefly. Sorry, to hear that. Adding (not very much) to what the comments above said, yes, the warrant (which could issue, not that it necessarily would) would be due to your failure to appear, not because you failed to pay a debt per se. I can't give advice on here, but you might want to contact a local attorney (local to that court) to appear on your behalf. Some courts require the personal appearance of the party (i.e., you). Have no idea what that court requires.
09-21-2013 06:22 PM
I dont think the threat of a bench warrant is based on payment of the debt, but rather on failure to appear persuant to the court order.
In Ark and WA it is for not paying the debt which they say is contempt. I live in one of those states and lived in the other for 20 years.
Forums posts are not provided or commissioned by FICO. Forums posts have not been reviewed, approved or otherwise endorsed by FICO. It is not FICO's responsibility to ensure all posts and/or questions are answered.† Advertiser Disclosure: The listings that appear on myFICO are from companies from which myFICO receives compensation, which may impact how and where products appear on myFICO (including, for example, the order in which they appear). myFICO does not review or include all companies or all available products.
* For complete information, see the terms and conditions on the credit card issuer’s website. Once you click apply for this card, you will be directed to the issuer’s website where you may review the terms and conditions of the card before applying. While myFICO always strives to present the most accurate information, we show a summary to help you choose a product, not the full legal terms - and before applying you should understand the full terms of products as stated by the issuer itself.
IMPORTANT INFORMATION: All FICO® Score products made available on myFICO.com include a FICO® Score 8, along with additional FICO® Score versions. Your lender or insurer may use a different FICO® Score than the versions you receive from myFICO, or another type of credit score altogether. Learn more
FICO, myFICO, Score Watch, The score lenders use, and The Score That Matters are trademarks or registered trademarks of Fair Isaac Corporation. Equifax Credit Report is a trademark of Equifax, Inc. and its affiliated companies. Many factors affect your FICO Score and the interest rates you may receive. Fair Isaac is not a credit repair organization as defined under federal or state law, including the Credit Repair Organizations Act. Fair Isaac does not provide "credit repair" services or advice or assistance regarding "rebuilding" or "improving" your credit record, credit history or credit rating. FTC's website on credit.