Midland Credit Management garnished wages

[MadinKS]

Back in Oct 06 my wife's paycheck came up short so I called her and asked why. She then broke down and told me that MCM had garnished her wages for her Spiegal account and so she took it upon herself to get a loan to pay off MCM and get back the amount of her check that was short.The next questions were how did they garnish your wages? Did you have a summons to answer for the debt? Did they have a judgment to back that up? Did your company allow this without your knowledge?

Now, the original debt with Spiegal has a DLA date of 10/2001 but the MCM entries on her CR's are 12/2006 and 10/2006. Is there a way to go after these scumbags for reaging or erroneous reporting? My wife says that she was not served with court paperwork or anything and it was a complete surprise to her. If I'm not mistaken the SOL for this particular debt should be expired (DOLA of 10/2001) and they should not have been able to attach her wages, especially without court paperwork. Right? Any help would be appreciated. Thanks

MadinKS

[MadinKS]

Thanks. I'll try to see if I can find out anything. Wouldn't a judgment show up on her CR though?

[MadinKS]

Looks like without going to the courthouse I can't access any records. Would I have a case if I find out they didn't get a judgment? Any lawyers out there?

[thomassl]

Back in Oct 06 my wife's paycheck came up short so I called her and asked why. She then broke down and told me that MCM had garnished her wages for her Spiegal account and so she took it upon herself to get a loan to pay off MCM and get back the amount of her check that was short.The next questions were how did they garnish your wages? Did you have a summons to answer for the debt? Did they have a judgment to back that up? Did your company allow this without your knowledge?

Now, the original debt with Spiegal has a DLA date of 10/2001 but the MCM entries on her CR's are 12/2006 and 10/2006. Is there a way to go after these scumbags for reaging or erroneous reporting? My wife says that she was not served with court paperwork or anything and it was a complete surprise to her. If I'm not mistaken the SOL for this particular debt should be expired (DOLA of 10/2001) and they should not have been able to attach her wages, especially without court paperwork. Right? Any help would be appreciated. Thanks

MadinKS

First of all, there is no way your wife's garnishment from her employer happened without her being notified. I have a friend who had a judgment against her made as they tried to locate her and was unable to do so. They received a default judgment. They had sent certified letters to an old address in which the house was sold and the new owners did not know her as she was a relative of the person who previously owned the house. How she learned about it is when you job sent her the papers regarding the garnishment. She could have had the judgment vacated but she had decided to file bankruptcy anyway so she didn't bother. As stated by the previous poster, you can go to your local county courthouse and look up this information. It would also be showing on her credit report. The statue of limitation for Kansas is 5 yrs. for written contracts and promissory notes and 3 yrs. for oral contracts and open ended accounts. Credit card payments are considered open ended accounts. The date you want to look for is not the "DOLA" date of last activity...which could mean the date of last activity on your report, you should look at the DOFD, date of first delinquency. Also, in regards to the SOL, in your state, only a written promise to pay extends the statue of limitations. I think you should check her credit report and talk to her further. If a court date was scheduled and she did not appear, they won by default. There seems to be some missing information as to how this could all come about without your knowledge. Normally, you would get all kinds of letters, phone calls, etc. from these kind of people.

[IHateCAs]

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=262490

[MadinKS]

Thanks. Where can I find the KS Statutues regarding SOL? I have looked but Kansas is good at hiding information in cluttered messes they call Websites.

[Debt Guy]

My reference source says:

INTEREST RATE

Legal: 10%

Judgment: 12%

STATUTE OF LIMITATIONS (IN YEARS)

Open Acct.: 3

Written Contract: 5

Domestic Judgment: 5 renewable

Foreign Judgment: 5 renewable

BAD CHECK LAWS (CIVIL PENALTY)

Three times check amount not exceeding the check amount by $500 or $100 whichever is greater plus attorney fees

GENERAL GARNISHMENT EXEMPTIONS

See Federal Law

Plus other personal property, benefit exemptions, and homestead

COLLECTION AGENCY BOND & LICENSE

Bond: No

License: No

Fee: No

[MadinKS]

Thanks for the info. I will talk to my wife and maybe a lawyer to see if we have a case. I would love to stick it to the scumbags!

IHateCAs,

You don't happen to have any more info on that case or the link or something would you? I could really use it. Thanks.

[IHateCAs]

Hmmm slight modification to the no garnishment part of Kansas. Went and read the annotated statutes to get a clearer picture.

2. Subsection (d) applies only to the personal earnings of heads of family; not in violation of "equal protection" clause of federal constitution or of sections 16 and 17 of article 2 of the Kansas Constitution; G.S. 1949, 60- 3495 cited. Wagner v. Mahaffey, 195 K. 586, 587, 588, 590, 591, 592, 408 P.2d 602.

[MadinKS]

What does that mean? It's legal jargon I will certainly mis-interpret. A little help please.

[dpgirl]

A nonprofessional interpretation is that the only exemption from wage garnishment in your state is if the garnishee is the head of household as in the only wage earner. If you and your wife both work then it looks like wages may be garnished.

Also tons of attorneys offer free consultations. You may want to write down a list of questions and take them to one for a consultation.