midland funding, llc - never sent notice to levy
have never provided validation of debt
currently unemployed for 2 years.
i am going to get kicked out of my home if i dont get some of this money back. owe bank 3000.00.
previous weekly payments not credited to final judgement - as though never made any payments.
Your post is unclear. If I undertstand you correctly, you have a judgment out there from Midland Funding. They sent a levy notice to your bank, and the bank grabbed the money in your account, which means you now can't pay your mortgage. Okay....the impact of the money grab (i.e., being unable to pay your bills) is totally irrelevant. And, they aren't required to notify you ahead of time of a bank levy - what would be the point of doing that - you'd simply take your money out. And, since this is a bank levy, Midland Funding must have a judgment out there against you, which means that they don't need to "verify" the debt - the judgment is valid. The only thing you may be able to claim is that the money in the account is exempt from collection - which you could do IF ALL the money in the account came from your unemployment compensation check or some other exempt source. If the money in the account didn't come from UI, then there isn't anything you can do - the money is gone, and the levy is legal.
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Agree with the answer above but want to clarify one point. If you allege that money in your account is exempt (meaning that you should be able to keep it), then YOU likley now have the responsibility to prove that fact. You should immediately consult with an attorney and, if you cannot afford one, reach out to your local bar association for referrals of individuals who accept pro bono cases (free legal service for those who cannot afford). Best of luck.
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