R2009n
Mentor,#2Consumer Comment
Tue, May 26, 2009
I used to be an employee at a company similar to this. The garnishment does not have to be stopped until the Motion to put aside the garnishment is granted. This is because at this point the courts only see a Garnishment order in place, not a pending case to put it aside. Now, don't get the wrong idea, I am not an attorney by any means but the courts may order them to return the funds, if it is determined you only have exempt funds as your income (ie. unempolyment, SSI, etc) and you produce the proper documents showing the same. While I was at the company I worked for, they had requested a bank aid on a judgment, the defendant showed up in court, produced the documents showing she was on SSI and the company was ordered to return the funds or use it as the down payment for a payment plan. She wanted it returned, so it was, but she stilled owed the debt, and a lien was filed on her property. She may not be paying now, but she will when she goes to sell her house. Yes, I see your frustration, but it looks as if they are following everything under the law.
R2009n
Mentor,#3Consumer Comment
Tue, May 26, 2009
I used to be an employee at a company similar to this. The garnishment does not have to be stopped until the Motion to put aside the garnishment is granted. This is because at this point the courts only see a Garnishment order in place, not a pending case to put it aside. Now, don't get the wrong idea, I am not an attorney by any means but the courts may order them to return the funds, if it is determined you only have exempt funds as your income (ie. unempolyment, SSI, etc) and you produce the proper documents showing the same. While I was at the company I worked for, they had requested a bank aid on a judgment, the defendant showed up in court, produced the documents showing she was on SSI and the company was ordered to return the funds or use it as the down payment for a payment plan. She wanted it returned, so it was, but she stilled owed the debt, and a lien was filed on her property. She may not be paying now, but she will when she goes to sell her house. Yes, I see your frustration, but it looks as if they are following everything under the law.
R2009n
Mentor,#4Consumer Comment
Tue, May 26, 2009
I used to be an employee at a company similar to this. The garnishment does not have to be stopped until the Motion to put aside the garnishment is granted. This is because at this point the courts only see a Garnishment order in place, not a pending case to put it aside. Now, don't get the wrong idea, I am not an attorney by any means but the courts may order them to return the funds, if it is determined you only have exempt funds as your income (ie. unempolyment, SSI, etc) and you produce the proper documents showing the same. While I was at the company I worked for, they had requested a bank aid on a judgment, the defendant showed up in court, produced the documents showing she was on SSI and the company was ordered to return the funds or use it as the down payment for a payment plan. She wanted it returned, so it was, but she stilled owed the debt, and a lien was filed on her property. She may not be paying now, but she will when she goes to sell her house. Yes, I see your frustration, but it looks as if they are following everything under the law.
R2009n
Mentor,#5Consumer Comment
Tue, May 26, 2009
I used to be an employee at a company similar to this. The garnishment does not have to be stopped until the Motion to put aside the garnishment is granted. This is because at this point the courts only see a Garnishment order in place, not a pending case to put it aside. Now, don't get the wrong idea, I am not an attorney by any means but the courts may order them to return the funds, if it is determined you only have exempt funds as your income (ie. unempolyment, SSI, etc) and you produce the proper documents showing the same. While I was at the company I worked for, they had requested a bank aid on a judgment, the defendant showed up in court, produced the documents showing she was on SSI and the company was ordered to return the funds or use it as the down payment for a payment plan. She wanted it returned, so it was, but she stilled owed the debt, and a lien was filed on her property. She may not be paying now, but she will when she goes to sell her house. Yes, I see your frustration, but it looks as if they are following everything under the law.
Tracy Akron
Akron,#6Consumer Suggestion
Sat, April 04, 2009
I am also in a fight with Javitch Block and Rathbone. If your only income is social security disability or SSI, then it is exempt from judgements filed by debt collectors or thier attorney. If they have already placed a garnishment on your bank account., then file for a hearing. It is best to get a attorney to represent you if you are not familiar with the procedures. Javitch Block and Rathbone routinely try cases in court on behalf of Debt Buyers like asset acceptance, Midland Funding LC (aka MCM or Midland Credit Management) and also on behalf of original creditors, so they say. Most of the debt is from credit cards, and most of the debt from the debt buyers they represent is time barred, or out of the statute of limitations in your state. I live in Ohio, so mine is 6 years for open ended account like credit cards. The attorney will not tell you this, they just want to scare you by telling you if you dont pay, then they will take you to court and get a judgement to garnish your wages. They picked on the wrong person this time, though!! After I got the letter from JB&R on behalf of Midland and Captiol One, (I doubt that Capitol One even knows about it, since Midland is a debt buyer of debts that have already gone thru more than one other collection agency) I called and talked to one of their "associtates". He told me that I have to pay this so called debt. I told him that I only have Social Security and I dont even have proof that they have "MY" right debt. I told him about all the other collection agencies that tried to change the charge off date, change the balance over and over and making it highrer every time. I told him that I know about the statute of limitations. He agreed with me on all of it, however he also told me that they will file a court case anyway and take my money. It was then that I told him I was recording the conversation, and he said "you did not tell me you were doing that". He did not, however, tell me to stop so I kept recording to the end. See, every state has a law about recording telephone calls. Ohio happens to be a "one party state", meaning that all the approval to record the call needed was ME. I approved me recording my conversation with the man from JB&R. He was also in Ohio so ( some states will say you have to make sure the other person on the line is also from a one party state) I will have no trouble whatsoever in taking this tape to court with me. I also sent them a validation letter certified (It has been verified to be received at the law office) so they have to validate everything about the debt. Now, they dont have all that as Midland Funding gets little more than a couple lines about each debt they buy. They buy a packet of credit card debt, and they pay about 2 cents on the dollar (if the debt is old, and has gone thru a couple other collection agencies) and all they get in the packet is a computer generated list of name, account number, balance that is never correct, and maybe a old address. Then the collectors at Midland have to try to get new information on someone with the few lines they have. Most of the time, they do a search in the area and send letters to anyone who has the same name. They skip trace to see if anyone in the area of the old debtor is still there. They have no way of getting ANY info from the origiaal creditor as they very rarely keep outdated, out of statute info on debtors. They get rid of it to make room for the newer chargeoff debts. I know, I used to work for a credit card company,(bank) and I know what they do with old creditor information that they cant do anything with. If they kept all debtors information forever, they would have to continually buy more and more warehouse space to keep it all in. When the info goes to a warehouse, the paperwork is placed on microfish (a picture is taken of the paperwork, and the original paperwork is destroyed) and that is placed in the warehouse. So you see, it is very hard to get old debt information. That is very good news for the person who is being sued to pay. Hope all this helps, ( I know I rambled a bit) and good lucK!!!!!