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Please 'click here' if you have any knowledge about wage garnishment.

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Jeff532003
Frequent Contributor

Re: Please 'click here' if you have any knowledge about wage garnishment.

If the judgement was in 2009 and within three years of the original debt then the three years limit means nothing. Midland had yet to receive payment so they finally started ganishments which they have had the right to do since winning the judgement in 2009. I'm assuming the judgement is good for at least 7 years. I hate midland too but no point fighting them on that.
I'd call them Monday and pay in full if you have the money. This will stop the garnishment and satisfy the debt so they will update your account to paid. Once it's paid the judgement should come back to the court as settled paid in full. Once this happens you should be able to petition the court to vacate the judgement as it has been satisfied. If the court does this for you then you can get the paperwork showing it's vacated and send it to the CRA's and they will delete the public judgement from your record. Midland will still be able to report the negative account as paid in full from the date of last activity on the original account but that will hurt your score much less than the judgement. As for the garnishment as others have said no one will be able to see that so don't freak about loosing the credit you have.
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Message 11 of 15
creditFiend
Established Contributor

Re: Please 'click here' if you have any knowledge about wage garnishment.


@alienfico wrote:

Midland is quite the sneaky bugger.....I pretty much detest them.  I'm so sorry this is happening to you.  Can you just pay the court the judgment amount right away?  Is it possible to have it vacated as soon as it is paid in the event that it is not a scare tactic?  


Thanks for your reply:

I am going to find out who to contact directly with Midland on Monday.  I hope to offer a settlement, then pay in full.  I am also looking into having it vacated after payment.  I will keep you all posted when I speak with someone Monday.  I received my letter Friday after hours when everyone was closed.

Last app: 2/21/2016
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Message 12 of 15
creditFiend
Established Contributor

Re: Please 'click here' if you have any knowledge about wage garnishment.


@notfancy wrote:

The statue of limitation in LA is 3 years on credit cards, 10 years on every thing else. Contact a lawyer. They have no right to sue you or go after a garnishment as near as I can tell. I hate Midland. Go after them, and pull your credit reports. Let us know if there is a judgement there. Don't cancel your other accounts. Just make sure you don't owe them more than you can manage.


Thanks for your reply:

I wish it were.  I've searched since beginning my rebuilding a year ago.  This is when I found out about this judgment.  It has been sitting on my CR since '09 as a public record.  I had no knowledge of it prior to 2013.  I would have had it removed due to SOL, & I tried twice with the credit bureaus.  It came back saying the debt was valid & it stays until 2016.  So I don't know what to believe.  My life is busy with my work & I have health issues, so I don't get much time to resolve personal matters.  I'm always at work or doing follow ups with my doctors.  I think i will just need to take off Monday or Tuesday morning to get all of this resolved.  idkSmiley Frustrated

 

*edited to add link  from cardhub.com

 

http://www.cardhub.com/edu/statute-of-limitations-for-credit-card-debt/

 

StateStatute of LimitationsStateStatute of LimitationsAlabama6 YearsMontana8 YearsAlaska3 YearsNebraska5 YearsArizona6 YearsNevada6 YearsArkansas5 YearsNew Hampshire3 YearsCalifornia4 YearsNew Jersey6 YearsColorado6 YearsNew Mexico6 YearsConnecticut6 YearsNew York6 YearsDelaware6 YearsNorth Carolina3 YearsDistrict of Columbia3 YearsNorth Dakota6 YearsFlorida5 YearsOhio15 YearsGeorgia6 YearsOklahoma5 YearsHawaii6 YearsOregon6 YearsIdaho5 YearsPennsylvania4 YearsIllinois10 YearsRhode Island10 YearsIndiana10 YearsSouth Carolina3 YearsIowa10 YearsSouth Dakota6 YearsKansas5 YearsTennessee6 YearsKentucky15 YearsTexas4 YearsLouisiana10 YearsUtah6 YearsMaine6 YearsVermont6 YearsMaryland3 YearsVirginia5 YearsMassachusetts6 YearsWashington6 YearsMichigan6 YearsWest Virginia10 YearsMinnesota6 YearsWisconsin6 YearsMississippi3 YearsWyoming10 YearsMissouri10 Years

 

Last app: 2/21/2016
Amex PRG (NPSL)| Amex Hilton Surpass ($17.6K)| Barclays Arrival WEM ($13K)| Barclays SM ($11K)| Capital One QS ($15K)
CareCredit (15.6K)| Chase CSP ($12K)| Chase Hyatt ($5K)| Chase FU VS ($7K)| Chase Ritz ($16.7K)| Citi DC ($2.4K)
Discover It ($4K)| Lowe's ($17K)| MSUFCU ($5K)| Nasa FCU ($20K)| Navy Cash Rewards ($20K)| Navy CLOC ($15K)
PenFed Thrifty ($500)| USAA Rate Advantage ($7K)
Message 13 of 15
creditFiend
Established Contributor

Re: Please 'click here' if you have any knowledge about wage garnishment.


@Jeff532003 wrote:
If the judgement was in 2009 and within three years of the original debt then the three years limit means nothing. Midland had yet to receive payment so they finally started ganishments which they have had the right to do since winning the judgement in 2009. I'm assuming the judgement is good for at least 7 years. I hate midland too but no point fighting them on that.
I'd call them Monday and pay in full if you have the money. This will stop the garnishment and satisfy the debt so they will update your account to paid. Once it's paid the judgement should come back to the court as settled paid in full. Once this happens you should be able to petition the court to vacate the judgement as it has been satisfied. If the court does this for you then you can get the paperwork showing it's vacated and send it to the CRA's and they will delete the public judgement from your record. Midland will still be able to report the negative account as paid in full from the date of last activity on the original account but that will hurt your score much less than the judgement. As for the garnishment as others have said no one will be able to see that so don't freak about loosing the credit you have.

Thanks for your reply:

Right.  I understand that they have the right to garnish.  I made plans to take care of this by the end of this year.  I really thought I had time.  It has been on my CR so long I felt that as long as I make a move before 2016 (when they can renew) I will be fine.  But I was wrong.  I am just inquiring if I can have them cease the garnishment, with payment directly from me before they garnish my check.  The garnishment looks bad with my employer & I was also hoping it would not show as a new entry on my CR.  I'm going through too many health issues to mentally deal with this right now.  I want it to go away by paying them off TO AVOID the garnishment.  After I pay them; yes I do hope to follow up with the court to have it vacated.  

I appreciate your insight on this.  I will keep this thread up-to-date on my results.

Wish me luck guys

Last app: 2/21/2016
Amex PRG (NPSL)| Amex Hilton Surpass ($17.6K)| Barclays Arrival WEM ($13K)| Barclays SM ($11K)| Capital One QS ($15K)
CareCredit (15.6K)| Chase CSP ($12K)| Chase Hyatt ($5K)| Chase FU VS ($7K)| Chase Ritz ($16.7K)| Citi DC ($2.4K)
Discover It ($4K)| Lowe's ($17K)| MSUFCU ($5K)| Nasa FCU ($20K)| Navy Cash Rewards ($20K)| Navy CLOC ($15K)
PenFed Thrifty ($500)| USAA Rate Advantage ($7K)
Message 14 of 15
creditFiend
Established Contributor

Re: Please 'click here' if you have any knowledge about wage garnishment.

I received copies of the judgment today.  The first several pages state an incorrect address.  The process server stated that he hand delivered the judgment to me (which I do not recall).  Then at the bottom of one page, my wrong address scratched out with my correct address printed next to it.  The attorney representing Midland states my total amount due is now $6,610.19!  From $1,300+ are you kidding me???

I went to a different attorney today for a consultation regarding motion to vacate.  He states that he should be able to have it dismissed due to improper delivery.  I may have to pay the initial judgment amount (I don't mind since I owe it).  I also was not notified by the attorney's office representing Midland about the writ of garnishment, prior to them garnishing (which is improper protocol).  I hope to know something further within the next couple weeks or so.  I'll keep this thread updated of my final results.  Hopefully, this can help someone else in a similar dilemma now or later.

I am now optimistic that the results will go in my favor.

Last app: 2/21/2016
Amex PRG (NPSL)| Amex Hilton Surpass ($17.6K)| Barclays Arrival WEM ($13K)| Barclays SM ($11K)| Capital One QS ($15K)
CareCredit (15.6K)| Chase CSP ($12K)| Chase Hyatt ($5K)| Chase FU VS ($7K)| Chase Ritz ($16.7K)| Citi DC ($2.4K)
Discover It ($4K)| Lowe's ($17K)| MSUFCU ($5K)| Nasa FCU ($20K)| Navy Cash Rewards ($20K)| Navy CLOC ($15K)
PenFed Thrifty ($500)| USAA Rate Advantage ($7K)
Message 15 of 15
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