• Report: #231363

Complaint Review: Midland Funding - Midland Financial Management

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  • Submitted: Thu, January 18, 2007
  • Updated: Fri, January 19, 2007

  • Reported By:Columbia Mississippi
Midland Funding - Midland Financial Management
8875 Aero Drive 200 San Diego, California U.S.A.

Midland Funding - Midland Financial Management RIPOFF suing for outrageous amount San Diego California

*Consumer Suggestion: COLLECTION AGENCY AND SOCIAL SECURITY

*Consumer Suggestion: Jan

*Consumer Comment: Definitely get legal counsel

*Consumer Comment: Definitely get legal counsel

*Consumer Comment: Definitely get legal counsel

*Consumer Comment: Definitely get legal counsel

*Author of original report: Thanks for info on Ripoff. .question?

*Consumer Suggestion: Jan

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I have received summons from a lawyer that I am being sued by Midland Funding for outrageous amount $19,000.

My question should I write the lawyer a letter and deny the debt and inform him that I have only a disability income OF $1,130 and hope they might drop the case or should I let them go to court and win by default. I
know they can't take my disability income but I fear they might still seize my bank account and cause me lots of trouble. A lawyer I talked to said just let them take it to court. do nothing but that bothers me.

The cc I had a balance of $8,600 and was with another
company Fleet and I had written them several times trying to settle t in the past. After I could no longer work they closed my account and raised my interest rate to max. I had kept this acct in good standing prior to this. It had been moved around but never got an answer from any collection companies. The acct, dates and amount doesn't match but my time is running out to respond to this summones. My health is bad and so many days I just can't focus to deal with it.

Would appreciate any advice to help me know my options.

Jan
Columbia, Mississippi
U.S.A.

This report was posted on Ripoff Report on 01/18/2007 09:14 PM and is a permanent record located here: http://www.ripoffreport.com/r/Midland-Funding-Midland-Financial-Management/San-Diego-California-92123/Midland-Funding-Midland-Financial-Management-RIPOFF-suing-for-outrageous-amount-San-Dieg-231363. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
0Author 8Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Suggestion

COLLECTION AGENCY AND SOCIAL SECURITY

AUTHOR: P - (U.S.A.)

an attorney told me if there is a question of this occurring then do not co-mingle your social security income with other income.

This is from several sites ...

Federal law makes your Social Security benefits exempt from levy, garnishment, and assignment.
42 USC 407(a) states: "In general the right of any person to any future payment under this subchapter shall not be transferable or assignable . . . and none of the moneys paid or payable or rights existing under this subchapter shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law."

This means that even if a creditor or a collection agency has a judgment against you, they cannot garnish your Social Security payments, nor can they take the money from you after it has been paid to you; for example, the portion of your bank account that is attributable to your social security benefits is exempt from levy or attachment

If your income is exempt from garnishment, then you may wish to put the collection agency on notice to that fact. You could provide this information to the collection agency in writing, keeping a copy of the letter. For example, if your only income is Social Security, which is exempt from garnishment by federal law, then you might write the following: My income consists only of Social Security, which is exempt from garnishment by federal law. You could also include this information with any of your other written correspondence to the agency, e.g., if you sent a cease communication letter. While this is not a defense to the underlying claim, it does provide the collection agency with knowledge that your only income is exempt from garnishment. If the collection agency successfully sues you and then garnishes your bank account containing exempt funds, then you may have a cause of action against the collection
agency.
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#2 Consumer Suggestion

Jan

AUTHOR: J - (U.S.A.)

It doesn't matter when the collection agency buy these account, the sol run from the original creditor.

they throw all these dates to confuse you and the court.

to give you a better understanding google:
mississippi statute of limitation, mississippi civil rules or civil law, if this site will let it also www.creditinfocenter.com, look for debt validation, something weapon(don't remember it all)click on that, as your reading it will have other areas within the story to click on, that may apply to your situation. spend a little time reading this and you'll get a much better understanding of what your dealing with and what to do..

remember some of the advice you get here, may have worked for that person, but in his or her state, so becareful not to get caught up in that, what worked in florida, ohio, Tenn, may not work within your state rules or laws.

FDCRA, is federal so that works everywhere, and to be honest most state laws are basically the same, the wording is a little different, its the RULES that are the most important and they are different in each state..

If legal aid can't help you, go to bud hibbs.com and work around that site also

sorry that i can't be of more help, i'm just trying to get you pointed in the right direction.

i don't know why others that post on this site haven't give you helpful information, there advice is better, then what I know, they dealt with this.google everything, you should get most of your answers there.
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#3 Consumer Comment

Definitely get legal counsel

AUTHOR: John - (U.S.A.)

As there is a limit on any "interest" that is allowed to be charged.
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#4 Consumer Comment

Definitely get legal counsel

AUTHOR: John - (U.S.A.)

As there is a limit on any "interest" that is allowed to be charged.
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#5 Consumer Comment

Definitely get legal counsel

AUTHOR: John - (U.S.A.)

As there is a limit on any "interest" that is allowed to be charged.
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#6 Consumer Comment

Definitely get legal counsel

AUTHOR: John - (U.S.A.)

As there is a limit on any "interest" that is allowed to be charged.
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#7 Author of original report

Thanks for info on Ripoff. .question?

AUTHOR: Jan - (U.S.A.)

What does this date mean? Is this default date they are using) THE DEFENDENT OWED A PRINCIPAL BAL.OF $13,878.61 on 0001-01-01 and that such bal will continue to earn at the rate of 21.9%)

The lawyer I talked to wasn't concerned with the dates or the fact that the acct.# doesn't match. The back of the agreement form (ALL PURCHASES YOU MAKE FROM OCT 1993- APR 1994 will be interest free on your new acct.) I didn't even have a cc back then.

Also a Bill of Sale showing Midland bought
acct on attached agrement (mentioned above)
dated Nov. 22, 2003.

According to this the SOL would be out, right? 3 years in MS.

I will try to contact legal aid today they weren't taking new case earlier.

Maybe better luck than the one who said just ball it up and throw it in the fire
, not much help.

Rip Off Report is a great site & I get support knowing other have been where I am and can offer needed advice from their experience. it is stressing to not know what to do. Thamks for getting me started.
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#8 Consumer Suggestion

Jan

AUTHOR: J - (U.S.A.)

Hi, i'm not an attorney and you should get once advice, that's alot of money.

Never let someone get a default judgement against you.

the statute of limitation in your state in 3 years, you never said when this debt defaulted.

you need to file a sworn denial with the court and this attorney: I deny this is my debt and if it is my debt, I deny that it is still a valid debt and if it is a valid debt, I deny the amount sued for is the correct amount.

don't delay

you should try and find a legal aid in your state or city,

rule 34 has to do with discovery.

google FDCRA and mississippi civil law.

I'm not an attorney i'm just trying to point you in the right direction, so you don't make a 19,000.00 mistake, talk to one, ask yourself what's better paying a lawyer 3-400 dollars to help me or 19,000.00 to some fool who paid way less then that for the debt.
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