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Midland Funding LLC/ Javitch Block & Rathbone LLP Garnishing wages for a Providian credit card. Cleveland Ohio
Midland Funding LLCMidland Funding LLC/Javitch Block & Rathbone LLP are attempting to garnish my wages to collect a debt Providian wrote off when I became three months behind. Debt was sold to a collection agency for pennies on a dollar. Also debt maybe over seven years old, not sure.
Marva
Cuyahoga Falls, Ohio
U.S.A.
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2 Updates & Rebuttals
Cucumberwrap
Bagdad,Kentucky,
U.S.A.
This is why you should be sure
#3Consumer Comment
Mon, July 14, 2008
So you say the debt could over 7 years and you're not sure. Well that's when the burden of proof falls on you. Keep paperwork.
If they are attempting to garnish you, this means they have sued you and then passed a default judgment against you after you did not respond to the suit. The court only allows so many days for you to make your dispute known or to contact the attorney's office to set up payment arrangements. Sounds like you did neither. When you ignore a petition and request for answers, you basically state, "Yes, I owe this debt. File a judgment against me that states I owe the principle, the interest from the charge off, the attorney's fees, and the court costs it took to file all of these proceedings." A company cannot garnish your wages without going to court and getting a judgment.
Now you are at their mercy. Either hire an attorney who will charge you more money than its worth and who probably not be able to win your case or contact the company to see you can stop the garnishment. This will probably require you to pay the account off in full, including principle, interest, attorney's fees, court costs to file that garnishment, and the commission costs to the sheriff, marshall, or constable who serves the garnishment petition. See how fees just keep increasing..and this is all because a judgment was signed against you stated you are indebted to the petitioner for these amounts.
Red
Cleveland,Ohio,
U.S.A.
State
#3Consumer Suggestion
Wed, June 18, 2008
In My Opinion , and my exp. Always use your best shot, go to the people you voted for to get help.
Go to the State, and file a complaint.