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turtlefly
Posts: 1
Registered: ‎09-20-2013
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Midland Funding sued me - now bench warrant?

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.
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JustinNguyen
Posts: 99
Registered: ‎10-20-2012
0

Re: Midland Funding sued me - now bench warrant?

I don't know about judgment, but I dont think somebody can arrested your for debt judgment. 

Moderator
guiness56
Posts: 22,408
Registered: ‎01-17-2008
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Re: Midland Funding sued me - now bench warrant?


JustinNguyen wrote:

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.

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guiness56
Posts: 22,408
Registered: ‎01-17-2008
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Re: Midland Funding sued me - now bench warrant?


turtlefly wrote:
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.

Contributor
JustinNguyen
Posts: 99
Registered: ‎10-20-2012
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Re: Midland Funding sued me - now bench warrant?

[ Edited ]

I would like to know which state they can arrest you for judgment debt?

Moderator
guiness56
Posts: 22,408
Registered: ‎01-17-2008
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Re: Midland Funding sued me - now bench warrant?

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.

 

 

 

Mega Contributor
RobertEG
Posts: 17,687
Registered: ‎03-19-2007
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Re: Midland Funding sued me - now bench warrant?

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.

Valued Contributor
chasmith
Posts: 1,062
Registered: ‎05-26-2010
0

Re: Midland Funding sued me - now bench warrant?

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.

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gregcurryesq
Posts: 15
Registered: ‎08-26-2013
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Re: Midland Funding sued me - now bench warrant?

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.

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guiness56
Posts: 22,408
Registered: ‎01-17-2008
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Re: Midland Funding sued me - now bench warrant?


RobertEG wrote:

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.


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