Sued by Midland Funding- now wage garnishment?
I was never notified by mail of a court date (only paperwork from their lawyer)
This all stems from my ex wife not paying HOAs back in 2014 for a home we owned together (we divorced in 2010 and she ost the house in 2014 anyways) Im unsure why SHE isnt part of this lawsuit as it was a JOINT account, but doesnt matter, my name is on the lawsuit.
Im a single dad (paying CS on 2 kids + one in college) living paycheck to paycheck, and don't make a ton so any garnishment will be an issue on my paychecks. This originally was on my credit report for $1400 now they claim I owe $6700??
Can this still be settled or now that a judgement against me is applied in SD Courts, will they want it all?
6 attorney answers
I agree with a prior answer, that you might not have been served properly. I wish I could say this is surprising, but ... I can't. Even valid service might not give you actual notice of a lawsuit. I.e., substituted service is where someone other than yourself is served papers, and it is reasonable to believe that serving the other person would give you actual notice. Substituted service does not require that the service actually give you notice. Service by publication is even worst.
Based on a couple statements in your inquiry, ((1) Paying child support; and (2) living paycheck to paycheck), you might want to consider filing a bankruptcy so that Midland funding takes nothing and the EWO is terminated. An EWO makes this a time sensitive matter, you should contact an attorney right away.
The answer provided herein should not be construed as legal advice, nor does this statement imply any kind of attorney-client relationship. You should contact an attorney near you for legal advice.
Midland is almost certainly coming after you because I original creditor got nowhere chasing your wife for the money. Midland is a debt buyer so if you can get the judgment against you set aside for lack of proper service you should be able to make them go away for a whole lot less than they’re asking now.
This is general advice. You are anonymous. If you PM me i won’t know what it’s about.
You should consult with a Local San Diego Attorney who does debt settlement negotiations to see what can be worked out. That being said, you do not have any real bargaining power as the wage garnishment is taking place. There are ways to stop it completely. Bring the wage garnishment packet to an attorney for review.
If you were served with the original Summons, and took no action, you would not receive any notice of a trial date because there would be no trial. If you had any defenses, your should have filed an Answer or some other type of responsive pleading. Regarding your ex-wife, if you filed an Answer you may have been able to file a cross complaint against your wife. The divorce judgment may also be relevant, and you may have recourse against your ex pursuant to the terms of the divorce judgment.
You need to see an attorney to get an evaluation of the specific facts and circumstances in your case and your possible recourse.
You may be a victim of sewer service. You should go to the courthouse and purchase a COMPLETE copy of the court's case file and seek the assistance of an experienced collection defense attorney. An attorney may be able to get the judgment set aside for lack of service. The longer you wait, the harder it will be to set aside the judgment.
Even though the Creditor has a judgment against you, the matter can still be settled if the Creditor wants to. Even though they are garnishing your wages, California has a strict formula for how much of your wages can be garnished, and your employer can provide you insight into how much of your bi-weekly wages will be withheld. At the same time, you can always apply to the Court to get a claim of exemption. Regardless, if you want to settle the debt, you should contact the Creditor and negotiate with them to an amount you can pay without any further garnishment. Best of luck to you!
This posting does not create any attorney-client relationship. The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. For specific advice about your particular situation, please consult with your own attorney. This posting is not intended to constitute an advertisement nor a solicitation.