So, my wife got a writ of garnishment last week and her wages are to be garnished due to some debt originating from Sears which was bought by LVNV Funding LLC sometime before 2010.
The reason I state "sometime before 2010" is because we found her credit report from 2010 (she still had it filed) from all three credit bureaus and nothing reflects a delinquent account from Sears on there.
What we know:
Since nothing shows on those credit reports from 2010 in regards to Sears then it must have been old enough to reach the 7 year period that erases it off of her credit.
Using the case # on Miami Dade's Clerk Of Courts website, LVNV Funding started this lawsuit in 2007 which is when the case # assigned. FYI, she went to a court hearing in regards to that in 2008 and the lawyers representing LVNV Funding LLC did not show. So she and several other people there for the same thing with LVNV were sent home.
Nothing came from that day she went to court. As in, there was no follow up letter from court, nothing. It dissipated and it was as if nothing happened.
The attorneys they used in 2007 were http://marcadislaw.com/
So, 8 years later after her going to court in 2008 just to be sent home, her wages get garnished out of no where by http://www.ollawgroup.com/ representing LVNV Funding LLC in regards to some Sears debt again. I assume the same mystery one.
Same LVNV Funding LLC with their purchased debt from Sears from god knows when and if it is my wife's debt but with different lawyers...........
Also, why do i mention the attorneys they are using?
Macardis Law is literally down the street from O&L Law Group
Marcadis Law is actually Marcardis & Singer Law, Singer being "Gilbert M Singer" - they are the ones that sued on behalf of LVNV Funding LLC in 2007
The attorney that is representing LVNV Funding LLC now is "Jonathan R Singer" @ O&L Law Group -which he is the one that garnished her wages 8 years later after her going to court in vain.
The Judge that ruled in favor of both law firms is "Judge Linda Singer Stein"
How is this relevant?
Bias and prejudice seems like something that could be occurring here amongst other oddities. Everyone minus Ralph Marcadis that has handled this case for LVNV Funding LLC has the same last name "Singer". "Stein" is the last name the judge got from her husband. "Singer" is her true last name.
Question # 1 How can I legally obtain information on whether they are or not are related at all? As in, can I call the current lawyer "Jonathan R Singer" and ask and is he obligated to answer?
Question #2: This question is based off of the "" as you see above. How can we find out what debt LVNV Funding LLC bought that they sued her for? It doesn't show on her credit back in 2010 nor does it now in Sept 2016 as she spoke to Experion today and they show for nothing in regards to Sears. It would be nice to defend ourselves but we have nothing but "hey your wages are garnished".
Question #3 How is it that this case that was opened in 2007 that lead to a court date that my wife went to and then was sent home due to the lawyers not showing up - be then resurrected out of no where 8 years later with no notification but a final judgement of her wages being garnished? On top of that by a different law firm...
Alot to read here I know, but there is alot that is going wrong here too, lack of information, lack of notification and lastly some possible bias since (I may be wrong, i know) the first law firm had a Singer on the case, the second law firm also has a singer on the case and the Judge is a Singer.
Thanks to whoever in the internet that reads this and replies. I have been profusely researching this for 4 days till 1-2am EST. We are a low income family and they are garnishing her wages for by 25% which is alot for us being she is the only person bringing in money. I am currently working on a startup company and have not made a penny. She did file for Head of Household Exemption since she makes less than $750 a week and is the head of household. Next week is our hearing in regards to the exemption but this week they get 25% of her check.
Any help, is amazing.