won against Midland Funding.

[faramarz123]

hi everybody.

some of you might remember my case with Midland Funding. I won against them. they filed motion for retrial. even though i did not show up, judge rejected their motion. they have not made the payment yet. but their attorney told me they might file for appeal which is going to cost them a lot more. or they just may go ahead and pay me the judgment.

i need to know, is there a motion that i could file to make them pay the judgment?

Thanks.

[cjtx]

At least 30 days after the judgment was rendered/signed you get an abstract of the judgment. I think you just fill out a form and pay the clerk a small fee.

Then get a copy of the judgment and send it to Midland's bonding company which should be able to pay you up to $10K to cover the judgment.

[admin]

I would also think you could get a court order to go into their bank accounts, just like the collection agencies get a court order to get a consumer to pay back their debts.

[Dolemite73]

Also contact Dunn and Bradstreet and get the judgement put on their business credit report. I did that with a CA a few years ago. They paid me ASAP>

[DebtLawRookie]

Great JOB!!!

Congrats

[faramarz123]

I would also think you could get a court order to go into their bank accounts, just like the collection agencies get a court order to get a consumer to pay back their debts.

this is really funny. but how would I find out which bank they do business with.

but. i have to say, I am enjoying this a lot.

by the way, I got $2000 judgment.

[faramarz123]

At least 30 days after the judgment was rendered/signed you get an abstract of the judgment. I think you just fill out a form and pay the clerk a small fee.

Then get a copy of the judgment and send it to Midland's bonding company which should be able to pay you up to $10K to cover the judgment.

who is Midland Bonding Company?

[faramarz123]

I went to court house today and got a copy of the final judgment. I am going to mail a copy (certified ) to Midland headquarter. and lets see what happens.

[unusualsuspect]

Once you have a judgment you can file to get a judgment debtor exam, where they have to disclose their finances.

Then apply for a writ to levy their bank accounts.

[wahoo238]

I think I saw 3 active for Midland all the same boning Co.:

Principal Name: Midland Funding LLC # 6

Address: 8875 Aero Drive, Suite 200

San Diego, CA 92123

File Number: 20060020

Status: Active

Date Filed: 1/26/2006

Cancellation Date:

Phone: (858) 560-2600

Bonding Company: RLI Insurance Company

Bond No: CMS212817

[Fizzle1979]

I would just write their bonding company and demand payment.

[faramarz123]

is bonding company, by law, required to pay?

[cjtx]

is bonding company, by law, required to pay?

They will request Midland to pay up. If Midland refuses to make direct arrangements with you, the bonding company has to issue a check for the amount of the judgment up to $10K.

wahoo238 looked up the bonding company, here is their registered agent, according to the Texas Department of Insurance:

Company: Rli Insurance Company

Attorney for Service: Roy C. Die

Address:

8 East Greenway Plaza Suite 400

City Houston

State Tx

Zip Code: 77046 0899

Reference the bond number in wahoo238's reply.

[faramarz123]

Is Bonding Company & Registered agent the same thing? if not, how do find out who the registered agent is for Midland Credit management. I already Checked the SOS site, it says no registered agent. now, if i want to file a claim against MCM, Can I serve bonding company?

[cjtx]

Is Bonding Company & Registered agent the same thing? if not, how do find out who the registered agent is for Midland Credit management. I already Checked the SOS site, it says no registered agent. now, if i want to file a claim against MCM, Can I serve bonding company?

Bonding company and registered agent are not the same thing. The bonding company has a registered agent just like any other company. The address I gave you above is for the bonding company's registered agent.

You can serve both MCM and name the bonding company as a co-defendant.

When you need to serve a party with no registered agent in TX, you find their corporate address and the name of one of the top managers, or you can go to the company's state of incorporation and search for their registered agent with their secretary of state.

Once you have the name and address of the registered agent or manager, you serve the Texas secretary of state and they will forward the citation and petition to the out of state company's registered agent or manager. Check out the Secretary of State's website under "citations unit" to find out all the details about the letter you need to include citing the authority under which the SOS is being served (most likely the "long arm" statute) and the fees.

The secretary of state will issue a certificate of service once they get the signed return receipt from the party you are suing. You should also file with the court your certificate of service to the SOS because the time to answer starts running from the time you serve the SOS (not when the SOS issues the certificate of service) and it has to be on file for at least 10 days before you can take a default judgment.

Also, if you want to cut down some of the costs, you can serve the SOS via CMRRR.

[saint al]

hi everybody.

some of you might remember my case with Midland Funding. I won against them. they filed motion for retrial. even though i did not show up, judge rejected their motion. they have not made the payment yet. but their attorney told me they might file for appeal which is going to cost them a lot more. or they just may go ahead and pay me the judgment.

i need to know, is there a motion that i could file to make them pay the judgment?

Thanks.

I had Midland on my report string out, had it deleted, now the sent a dunning letter about a month ago, I sent them a dv have'nt heard from them since but still have my guard up, again congrat..

[faramarz123]

To complete our settlement, I have received a IRS W-9. I don't know why they need this form. but of anyone knows about this please tell me. should I fill it out and sent it back?

the attorney said after they received the W-9 form, he will send me the settlement letter which states that Midland will never sue me again, and I won't sue midland.

[newryman]

To complete our settlement, I have received a IRS W-9. I don't know why they need this form. but of anyone knows about this please tell me. should I fill it out and sent it back?

the attorney said after they received the W-9 form, he will send me the settlement letter which states that Midland will never sue me again, and I won't sue midland.

They are going to try and report the $2000 as income.What was it awarded for?

[faramarz123]

They are going to try and report the $2000 as income.What was it awarded for?

judgment was for $2000 but i settled for $1500.

[newryman]

judgment was for $2000 but i settled for $1500.

But WHAT was it for? Actual damages such as personal injury, punitive damages? The taxation treatment differs according to what the award was for. Just out of curiosity why would you take 0.01 less than judgement was awarded for from these people?

W9 is nothing to do with them either way. They are stalling. Tell them to pay up immediately or you are going back to court to enforce the judgement. Grabbing their bank account the day before payroll is due usually annoys the heck out of them.

Don't forget to send them a 1099 c for the forgiven debt by the way.

[faramarz123]

But WHAT was it for? Actual damages such as personal injury, punitive damages? The taxation treatment differs according to what the award was for. Just out of curiosity why would you take 0.01 less than judgement was awarded for from these people?

W9 is nothing to do with them either way. They are stalling. Tell them to pay up immediately or you are going back to court to enforce the judgement. Grabbing their bank account the day before payroll is due usually annoys the heck out of them.

Don't forget to send them a 1099 c for the forgiven debt by the way.

OK, Sorry;

1000 for violation of not validating the debt, 1000 for compensatory damage.

I settled with 1500, because I don't want to go through appeal process. and I need the money.

Now, what is this 1099 C. what is it for? do I just sent them the blank form and let them fill it out? and then if so, they will sent it back to me, what do i do with it?

[newryman]

OK, Sorry;

1000 for violation of not validating the debt, 1000 for compensatory damage.

I settled with 1500, because I don't want to go through appeal process. and I need the money.

Now, what is this 1099 C. what is it for? do I just sent them the blank form and let them fill it out? and then if so, they will sent it back to me, what do i do with it?

You have judgement from them for a debt. You are forgiving part of that debt. They have a tax liability on the forgiven part. I am being somewhat tongue in cheek as they have a history of having filed form 1099c on consumers when they settled for less than was due. I think it would be rude of you not let the IRS know they had the benefit of forgiveness from the consumer in this case.

I am unsure where the second $1000 is coming from unless it is respect of actual damages under FDCPA or some state law? FDCPA statutory damages are set at a maximum of $1,000 per action.

The taxation treatment of your lawsuit proceeds depends upon why it was awarded. Normally your pleadings will dictate the wording of the settlement and you are able to avoid tax. However if the settlement is not clear or worded incorrectly then you may attract a liability.

It appears that the other side have a bitter taste of sour grapes in their mouths and are attempting to stick you with a tax liability.

Unless a CPA or someone who is much more conversant with tax law than I am says differently, I would tell them to go pound sand for a W9 you are not an independent contractor nor have you performed any services for them. The court has ordered them to pay X, the court has not ordered them to pay X and try to commit fraud, so tell them to pay it or suffer the consequences.

I would be tempted to go back to court get the judgement enforced then consider on what grounds I might successfully sue them again for their post judgement actions.

[dls7406]

You setled for $1500????????????????????

You have a JUDGMENT in hand. You won. Them playing games about paying the amount the COURT ORDERED them to pay is not something to settle.

Whatever you do do not settle for anything less than what the court ordered. In fact, don't settle at all. They owe you. Collect the full amount and don't let them beat you into submission through their attorney.

Take the judgment to an attorney if you don't know how to collect the full amount and they will be more than happy to collect it for you PLUS their wages and court costs. This will bee free to you and more expensive for midland. If they want to play games, play games. You are holding all aces.

[faramarz123]

Today I contacted the attorney for Midland and rejected their request for W-9 form information. I gave them one week to come up with the money or I will go back to court to enforce the judgment. he said he will contact the firm, and ask them to issue the check and then bill Midland.

I told him; "you know I am not a lawyer, but I know my way around the courts and know a lot about debt collecting laws." I didn't tell him, I had a lot help from you guys.

He said;" I know you are not a lawyer, but you beat me"

I know, I replied.

thanks again to all of you.

[dls7406]

Would you be willing to post whatever you were sent in writing that pertained to the $1500 "settlement" they offered? My thought is that you now have a cause of action against the attorney for abuse of his position of privledge.

If my assumptions based on your posts are correct they basically said "we won't make you jump through any more hoops to get your court awarded money if you agree to take less than we were ordered to pay."

If they actually drafted a "settlement" agreement to that effect you have them squarely under the anvil. I'd write a letter to the attorney the minute you get the first check demanding payment of another $2000 for their violations of law and abuse of power with a draft complaint to the Bar Association attached. Believe me, if I understand the situation correctly, the check will be issued immediatly.