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Showing content with the highest reputation since 11/30/2019 in all areas

  1. 3 points
    You need to understand this. You had your day in court and as a result of the trial, they won and got a judgement. Whether it was based on what you consider a technicality or the merits, the legally won. In court, you are required to know the rules and law (even if you are pro se) as any attorney does. The judge might cut a pro se some slack but they are not required to. In this case they legally won and got a judgement. With that judgement, they are allowed to wreck havoc on your financial life at will and without warning contingent to the laws of the state and the rules of court. They are allowed to garnish wages, levy bank accounts, levy account receivables, dip into a cash register, put a lien on your home and other real estate, and possibly take assets. Again, that is within the rules of the state. The State of California allows certain exemptions to garnishments and levies but you need to tell us where you think an exemption applies and then you need to tell the court why an exemption applies and prove that it applies. Also, unless there are state rules that say differently, they are not required to inform you before taking action. Midland does not need to deal with you at this point and are not required to accept payments or settlement. They legally can demand no less than the full judgement in one lump sum and will get it one way or the other (with statutory interest) as long as it takes (especially in your case because they now know that they can continue to levy bank accounts and will renew the judgement if the SOL nears which is 10 years). From what we see about Midland, they are perfectly easy to work with if you come to them with contrition, are humble, and have a real need. In your case, it sounds like you fought them all the way and lost and now they have no interest in settling because they don't have to. If you have a valid exemption, that might give you some negotiating power but right now, they are holding a full house while you don't even have a pair. You are not in a good position here. If the levied funds are enough to satisfy the judgement, let them have them and move on. If not and you insist in not paying them, you are going to need to find a way to do gig work without the funds hitting a bank account.
  2. 2 points
    I suck for being a super procrastinator and not adequately preparing, but the outcome was good. Dismissed w/out prejudice. Met with Midland's attorney prior to the hearing, showed that I had the AAA documents ready to be completed, a copy the card agreement, and nerves of steel. One more to go....
  3. 2 points
    I just want to say Thank you, to all of you who spend your time day after day assisting regular day to day people, with out asking for anything in return. My wife was served early 2014, just when we were starting to recover financially after the financial crisis. With the help of the wonderful people in this website, she fought all the way to trial. she settled at the end, and accepted an offer that she would not have received otherwise. I was then sued in 2015, however my case was dismissed a few months later. Five years later, we now have two kids, and looking at the possibility of purchasing a property in the near future. We would probably still be underwater without the help extended to us during those difficult times. The job i held the previous years game me the time to stick around and help those who are in the same position i once was; however, i am starting a new job and wont be able to sign in as often as i do now, but i just wanted to say one more thank you to all of you anonymous real life heroes. Thank you!
  4. 1 point
    Midland wants full payment because it has a judgment against you. This is no longer a simple collection account. I doubt there is a law that requires the company to allow you to set up a payment plan. That is usually the choice of the judgment creditor.
  5. 1 point
    I'm pretty sure that the AAA's administrative determination is all that is required. I haven't seen any arbitration agreement that specifies application of the consumer rules. Since the business rules weren't expressly indicated, the question is for the AAA to administratively decide, at least at the filing stage. That sentence follows "We have not received the signed submission letter or $3,050 filing fees from the business.". My reading of the two sentences together is that they don't have the authority because the fees have not been paid.
  6. 1 point
    I also had a judgement show up when I was getting my mortgage. They didn't have my SSN or birthdate in the paperwork they filed with the county recorder (it wasn't on my credit report), so my mortgage lender was happy with an affidavit from me pointing out the absence of any positively identifying information, and a statement from me saying i had no knowledge of the debt.
  7. 1 point
    You can hire an attorney to do this but realize that you are probably going to pay most if not all of the judgement. They have all of the negotiating power and you really have none. As for documentation, you want a letter stating that that the judgement has been satisfied and there is usually a form that you file in court.There is a feel to file the satisfaction of judgement so you need to look into that when you get the form.
  8. 1 point
    Happy Thanksgiving everybody!
  9. 1 point
    Excellent. It sure is peculiar how the naysayers are as far away as they can get every time someone wins in court but when you say you want to fight a JDB in court all you hear is, "Those outdated tricks don't work anymore" "These days they demand all the documentation they need from the OC and all states have adapted to the 'adoptive records doctrine' "or "You can no longer win if arbitration isn't an option and everyone in the courtroom knows you owe the money so you should just work out a settlement."