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Collections Law/Midland Funding / Cohen and slamowitz
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Question
QUESTION: I recently had a bank account levy from a charged off credit card, that is NOT over the statute of limitations. I have found the judgement but I never received the summons. On the judgement they have my address from 5 years ago, I believe this is called a "sewer service". What is my best course of action, and is there any way to keep this from happening again?
ANSWER: So they have your address from 5 years ago but was the summons issued after you moved from the old address or before you moved?
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QUESTION: yes summons issued 10/2008..5 years after
I moved
ANSWER: Seems to me that you might be able to file motion to vacate the void judgment but how did you learn about the judgment and when it was granted? Yes, I realize that getting your bank account frozen was a wake up but you seem to have dug further to get more information.
)
Did you go to the clerk of the court and ask to see all the paperwork in the file? If you haven't done that then go do it and get copies of all paperwork in the file.
Then we can go from there.
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QUESTION: QUESTION: If the statute of limitations is not up am I out of luck? ( they'll just refile) Should I talk to Midland about a "settlement" or ask them to send all paperwork about the debt first...what is their usual turnaround time to send back the info?( In the meantime my acct is still frozen) what's next, I really need access to that money.
You can always try to talk to Midland about a settlement but I doubt if it is going to do you much good. Usual turnaround time? I have no idea. What's next? As I said, about the only way you can win is to first of all file motion to vacate the judgment and hope to catch them in violations of FDCPA in the process then take them to federal court.
It isn't going to be quick or easy. You will simply have to accept that as fact.
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Answers by Expert:
Creditwrench
Expertise
Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.
Experience
I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.
Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.
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