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Wage Garnishment in Michigan

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  • 04-22-2011, 07:28 AM
    ff7jordan23
    Wage Garnishment in Michigan
    My question involves judgment recovery in the State of: Michigan

    I received a default judgement against me from a debt collection company "Midland Funding LLC" for failing to appear in court...something I NEVER received paperwork on (I have moved twice in the past year so I don't know if the mail didn't get forwarded?"

    From what I've read they are REQUIRED to send it via process server or certified mail with a signature to prove that I was served the court papers.

    Anywho, they are garnishing 25% of my wages as of this moment. I received in the mail a few days ago that Midland Funding LLC is subject to a class action lawsuit for violating the FDCPA and falsifying information on legal documents for their debt collections.

    I want to dispute my wage garnishment on the grounds I was never legally served court papers...who do I contact and how do I go about this?

    To add to my previous post, it says they used "false information in their affadavit." From what I've read on other sites, this company hasn't properly served others with court papers as well.
  • 04-23-2011, 07:56 AM
    SChinFChin
    Re: Wage Garnishment
    Quote:

    Quoting ff7jordan23
    View Post
    My question involves judgment recovery in the State of: Michigan

    I received a default judgement against me from a debt collection company "Midland Funding LLC" for failing to appear in court...something I NEVER received paperwork on (I have moved twice in the past year so I don't know if the mail didn't get forwarded?"

    From what I've read they are REQUIRED to send it via process server or certified mail with a signature to prove that I was served the court papers.

    Anywho, they are garnishing 25% of my wages as of this moment. I received in the mail a few days ago that Midland Funding LLC is subject to a class action lawsuit for violating the FDCPA and falsifying information on legal documents for their debt collections.

    I want to dispute my wage garnishment on the grounds I was never legally served court papers...who do I contact and how do I go about this?

    To add to my previous post, it says they used "false information in their affadavit." From what I've read on other sites, this company hasn't properly served others with court papers as well.

    If you do a little googling, there's quite a few things regarding a "Midland Funding class action lawsuit". Also, in many states, including NY where I am, the AG's are investigating situations such as yours, and the newspapers here call them "sewer service", a derogatory term meaning they threw the papers out, and then claimed they served it. The NY AG found one guy who claimed to have served a few hundred on the same day which is virtually impossible to do.

    So I suggest that you see if you can join the class action lawsuit, or get hold of your state's AG before you spend any money on lawyers. See an article on "sewer service":

    http://overlawyered.com/2010/01/sewe...bt-collectors/

    This link has links to other articles, so make sure you read them all, including this:

    http://www.nytimes.com/2009/12/31/nyregion/31debt.html.
  • 04-25-2011, 08:00 PM
    ff7jordan23
    Re: Wage Garnishment
    I have since filed a complaint against Midland Funding LLC and the attorney who sued me with the Michigan Attorney General and the Better Business Bureau. Hopefully I can get this matter resolved. I just wish there was a way to stop the wage garnishments until my complaint is resolved.
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