- Report: #380334
Complaint Review: Midland Funding Llc - Saint Cloud Minnesota
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Midland Funding Llc
16 McLeland Road Saint Cloud, 56303 Minnesota, U.S.A.
Phone:
631-2341500
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Midland Funding Llc Seized my bank account Saint Cloud Minnesota
I got off of work Oct 10th, 2008 and went to the bank to deposit a check. When I got there they told me my account had been Seized by Midland Funding LLC. I've never heard of these people before. As far as I am aware I don't owe anyone the amount that was in my account (roughly $1,000). I admit, I have outstanding debt here and there but it is at most $200-$300, not $1,000. How can someone I have never heard of before and never contacted me seize my bank account?
My worry is that they are going after me for my father's debt. He passed away just over two years ago and had a lot of debt with both the hospital and the retirement home he lived in. The retirment home sent me mail in the past after my father pasted asking for the money he owed them and I told them it wasn't my debt since I never signed anything or even took over his estate (my brother did). The reason I think it has to do with Midland Funding is the number I got to call is a 631 area code, the same area code my father living in out on Long Island NY. Seems like more then a coincidence to me. I won't know though for three days since they took my account on a Friday before a three day holiday weekend. Now I have to cancel all my holiday plans and figure out how I am going to even eat since I have no money what so ever.
Who the hell are these people and how can they do this without even contacting me once, or at least summoning me to court?
-Gary-
Gary
Brooklyn, New York
U.S.A.
My worry is that they are going after me for my father's debt. He passed away just over two years ago and had a lot of debt with both the hospital and the retirement home he lived in. The retirment home sent me mail in the past after my father pasted asking for the money he owed them and I told them it wasn't my debt since I never signed anything or even took over his estate (my brother did). The reason I think it has to do with Midland Funding is the number I got to call is a 631 area code, the same area code my father living in out on Long Island NY. Seems like more then a coincidence to me. I won't know though for three days since they took my account on a Friday before a three day holiday weekend. Now I have to cancel all my holiday plans and figure out how I am going to even eat since I have no money what so ever.
Who the hell are these people and how can they do this without even contacting me once, or at least summoning me to court?
-Gary-
Gary
Brooklyn, New York
U.S.A.
3 Updates & Rebuttals
John
Louisville,Kentucky,
U.S.A.
FYI:
#2Consumer Comment
Sat, October 11, 2008
It should always be a matter of concern when bank accounts get frozen without any prior notification. Judgments cannot come out of the clear blue sky and debt collectors cannot assess judgments on their own. Only a court can do this.....A process has to be followed: Officially serving you a summons....this is usually done by a sheriff. A court date is established and on that date you face your creditor. If they win and a judgement is assessed...only THEN they can freeze your bank accounts... Many bottom-feeder debt collectors have figured out that if they "accidentally" serve you a summons to an old/incorrect address where they know that you won't be there.....that you will be a "no show" on the court date because you weren't aware of it.....Then.... boom....an automatic default judgement is assessed against you. This is how these bank account freezes usually occur out of the clear blue sky. When the time comes to assess the judgment, they have no trouble finding your "real" address. It is illegal to deliberately serve someone at an incorrect address. This tactic is called a "sewer service" summons delivery. If you can document that you were improperly served, you may be able to get this judgement voided. Go to the court and get a copy of the judgement...Look to see what address you were served at. From there....hire an attorney to deal with this.
John
Louisville,Kentucky,
U.S.A.
FYI:
#3Consumer Comment
Sat, October 11, 2008
It should always be a matter of concern when bank accounts get frozen without any prior notification. Judgments cannot come out of the clear blue sky and debt collectors cannot assess judgments on their own. Only a court can do this.....A process has to be followed: Officially serving you a summons....this is usually done by a sheriff. A court date is established and on that date you face your creditor. If they win and a judgement is assessed...only THEN they can freeze your bank accounts... Many bottom-feeder debt collectors have figured out that if they "accidentally" serve you a summons to an old/incorrect address where they know that you won't be there.....that you will be a "no show" on the court date because you weren't aware of it.....Then.... boom....an automatic default judgement is assessed against you. This is how these bank account freezes usually occur out of the clear blue sky. When the time comes to assess the judgment, they have no trouble finding your "real" address. It is illegal to deliberately serve someone at an incorrect address. This tactic is called a "sewer service" summons delivery. If you can document that you were improperly served, you may be able to get this judgement voided. Go to the court and get a copy of the judgement...Look to see what address you were served at. From there....hire an attorney to deal with this.
John
Louisville,Kentucky,
U.S.A.
FYI:
#4Consumer Comment
Sat, October 11, 2008
It should always be a matter of concern when bank accounts get frozen without any prior notification. Judgments cannot come out of the clear blue sky and debt collectors cannot assess judgments on their own. Only a court can do this.....A process has to be followed: Officially serving you a summons....this is usually done by a sheriff. A court date is established and on that date you face your creditor. If they win and a judgement is assessed...only THEN they can freeze your bank accounts... Many bottom-feeder debt collectors have figured out that if they "accidentally" serve you a summons to an old/incorrect address where they know that you won't be there.....that you will be a "no show" on the court date because you weren't aware of it.....Then.... boom....an automatic default judgement is assessed against you. This is how these bank account freezes usually occur out of the clear blue sky. When the time comes to assess the judgment, they have no trouble finding your "real" address. It is illegal to deliberately serve someone at an incorrect address. This tactic is called a "sewer service" summons delivery. If you can document that you were improperly served, you may be able to get this judgement voided. Go to the court and get a copy of the judgement...Look to see what address you were served at. From there....hire an attorney to deal with this.
