Help! Garnishment order on Broken Lease 17 years Ago

[dinomosin]

I tried to log into my NFCU account because I got the online message saying my statement was ready and the site said I needed to call them. NFCU says my electronic access is frozen, as our my checking and savings accounts (but fortunately not my credit cards).

NFCU faxed me a "Request for Garnishment of Property other than Wages" for a judgement entered Maryland in July 1992 for then $793.16 (now $1778.41 with interest/fees).

I googled some statute of limitation laws and don't see anything in Maryland longer than 12 years so I am hoping this will help me but I am not sure........

"Civil action: 3 years from the date it accrues, unless:

Breach of contract under any sale of goods and services: 4 years

Promissory notes or instruments under seal, bonds, judgments, recognizance, contracts under seal, or other specialties: 12 years.

Financing statement: 12 years, unless a continuation statement is filed by a secured party six (6) months prior to end of twelve (12) year period."

NFCU gave me their number to call and I said I would prefer their address but NFCU said they had to respond on 12/18 with my account balances ($600) and other info so there probably wasn't time to do things by mail.

What should I do next?

[nascar]

Go see a lawyer and have him put a stop to this before it goes any further.

[dinomosin]

Should I just open my phonebook and also do you have any idea what it would cost me (ballpark)?

[willingtocope]

Check www.naca.net to see if there is a consumer lawyer in your area.

[dinomosin]

So, I contacted a local (Florida) naca lawyer and they said to contact a Maryland naca lawyer because that is where the judgement came from.

She could not give me much info without entering into a contract but she suggested I file for a "wild-card" exemption which is supposed to let you exempt $6000 of money/property.

So I overnighted the motion to MD Courts and sent one CMRRR to the "attorney" that is garnishing the bank account. I did try to call the attorney from a private number just to see who would answer and it sounded like a collection agency as the recording had all the "this is an attempt to collect a debt" mumbo jumbo.

I obviously did not speak with them but did enclose my address with the copy of the motion (which was on the motion anyway) and I formally requested to not be contacted by phone.

I will update later when I hear something. Hopefully the court want want me to go all the way to Maryland to fight this.

[retmar]

Some items to search for while waiting.

If judgement is from 1992, see if it was renewed. Many times a claim can be renewed.

Since Florida is your home state, check the statutes on "Foreign Default Judgements", unless you did appear at that time. Your wanting to see if foreign defaults can be domesticated "enforced" in your home state. For example, California does not allow foreign defaults. They must bring to a court in your county. In short, start over. And, if this did occur, you would automatically offer the SOL defense.

While at it, look through other statutes to see what could also apply.

[GH0104]

Some items to search for while waiting.

For example, California does not allow foreign defaults.

Seriously? That's good to know - I'm considering moving back to Cali after I graduate college. Would that leave the sneaky jerks who got a default behind my back out in the cold?

Awww...

[dinomosin]

Is this something I look for in Florida law or Maryland Law. I have lived in Florida since 1991. The judgment was from when I was in the Military and stationed in Maryland from 1989-1991.

[dinomosin]

This is my post about the Garnishment issue.

Yesterday out of the blue I get a letter in the mail from Crescent Recovery in Virginia with an account # on it. I have not received a collection from anyone in over a year as I don't owe anyone anything from the last 10+ years other than current credit cards that are all up to date with 0 late payments this century.

It is a privacy policy of some sorts with an opt out disclosure asking for my signature, printed name and date if I want to opt out of Crescent Recovery making disclosures to non-affiliated 3rd parties other than disclosures permitted by law.

It says nothing about how much I owe, who I owe it to or anything, it just has an account number and my name/address which I did have on the copy of the motion which I sent to the attorney in Maryland who is trying to garnish my bank account.

Should I sign it and send it back? My instinct is to sign nothing but I need some advice?

[Driver007]

I just received a similar letter to the one from Crescent you mentioned in your last post. I would also like to know what this may mean. Like your letter, it is an opt out letter with an account number and asking me to sign and return. What is this and what does it mean.

[willingtocope]

From what I see using Google, Crescent Recovery is just another CA and/or JDB. They're probably phishing for your current location.

I'd suggest you just hang onto the letter. Don't sign it. Don't send it back.

If they do call or send you a dunning letter, you may be able to use this against them...(e.g., "trying to trick the least sophisticated consumer into divulging information").

[Driver007]

willingtocope thanks for your reply. I will hold onto the letter. I do have a question. And I apologize in advance if this is answered somewhere else in the forums. I looked but could only find the words "dunning letter" not a definition of what a dunning letter is. What is a dunning letter? I think I have an idea, but want to know for sure.

Thanks,

Driver007

[retmar]

GHO104, yes, any foreign "Default only" judgements cannot be enforced in CA. They would have to file suit in your county of residence once you return to CA. Understand that if the original claim is still within the SOL, they can obtain a judgement here. Yes, you could offer new defense, whatever, in hopes of offsetting or dismissing with prejudice any claims made. Also understand that a judgement is bound by different statutes than the FDCPA. What this means, for example, is if the original claim is now out of statute (SOL), then any attempts to collect are a violation of CA collection statutes, since the judgement has no standing here, they are now attempting to collect on a claim to old to be enforced.

Regarding the above statements, as long as the CA/JDB/ATTY does not demand or threaten you, they may continue to send you communications, as long as they do not cross the line of harassment. BUT, you can easily stop this with a C&D, stating applicable info, such as claim is timebarred, or ???.

To include, this judgement, though a foreign default, can remain on your CR for up to 10 years, as it is a public record.

dinomosin, you would check your current state of residence for this info. It could be in civil code, revised statutes, or procedures.

I do have a question now. You mentioned you were stationed in Maryland while on active duty. As I recall, I would have to go looking, your "Home of Record" would always be considered your home address, thus, if I'm correct, this claim was filed in the wrong jurisdiction. I say this as the accepted norm is to file where injury occurred, or county of residence of debtor. True, there is a decision about areas of injuries having jurisdiction, but, if I remember, it was about arbitration. Hopefully, nascar, or someone, reads this, and can clear up.

I apologize for not being available lately, but, this past month has not been good. I'm going to clarify in the "Off Topic" section.

[dinomosin]

Last weekend I got a letter from the District Court of Maryland that says:

"A motion to Discharge property from Levy/Attachment was filed by the defendant (me) on Dec. 28, 2009.

On April 12, 2010 the District Court of Maryland granted the motion."

So I took the letter down to my bank and they said they have to here from the lawyer who filed the garnishment. They gave me his phone number again. I assume the "lawyer" is a collection agency so I have never contacted them by phone. I have only contacted them by mail once to send them a copy of the motion I filed.

What I was thinking about doing next was to send the lawyer a copy of the granted motion to discharge and a letter demanding they remove the garnishment.

Is that what I should do or does anyone have any other advice? (I guess I still technically owe them the money from 18 years ago but I have no intention of paying it.

[retmar]

If they were able to file a garnishment, I can only assume they renewed the judgement.

BUT, since you now have from the court a dismissal, to speed this up I would try and get their fAX, then send it that way with a letter saying they must notify your bank within ?? business days, or else.

I don't understand why the bank will only respond if the attorney notifies them when you have an actual copy from the court, which would release them from any liability. Having never been in this position, do not really know what is what here.

[BTO429]

What you need to do is request a copy of the docket sheet so you can find out exactly what happened and how.

O would bet they sued you in MD after you moved. There I would bet that they got a default judgment because you did not show.

Seeing that you moved and were not served properly I would file a motion to vacate with prejudice.

I would also counter sue for every dollar they have taken from your account and ask for damages as the court sees fit for financial injury.

Financial injury because they have froze your accounts and made it hard for you to live and pay bills, and obtain any money for needed every day items.I would even think about asking the court to impose sanctions against the CA for obtaining a judgment when they knew you had not been located.

Also you have military law that may help you. When you left MD were you transferred or did you get out of the military at that time? You need to send a copy of your DD214 and your orders for release from the military or transfer orders which ever it may be. Please answer and let me know your military status at that time so I can help. I did 26 years in the Marines so I am not new to the soldiers and sailors act and other regs.

[Guest usctrojanalum]

There I would bet that they got a default judgment because you did not show.

Seeing that you moved and were not served properly I would file a motion to vacate with prejudice.

Not going to happen, google "doctrine of laches"

[BTO429]

I forgot about laches. LOL

Laches is a legal doctrine whereby those who take too long to assert a legal right, lose their entitlement to a right or compensation.

When you claim that a person's legal suit against you is not valid because of this, you would call it estoppel by laches.

But I don't see any thing fro, the OP as to when this case actually started and when a judgment may have been obtained.

Need more info on this case to know what actually happened

He needs to get the docket sheet from the court so we know dates on every thing.

Edited April 26, 2010 by BTO429

[retmar]

Since the discharge received by OP pertains only to "discharge property from levy" as was stated, I can only assume the judgement itself was not dismissed. I would read the letter, then call and ask if the judgement was or was not also dismissed. Get the info now, just in case they try and come back again through another door. Your goal now is to protect all of your assets.

To include, and because of something the Gunny said, you can call the county clerk in the county the suit was filed and ask for copies of all paperwork on the suit. This way you have the actual dates of service, when default was entered, and, to see when this was renewed, as I'm quite sure it was due to the time frame you showed. Understand that there is most likely, though depending on the state's statutes, a copy of the form submitted by the server as to how, when, and to whom they gave the papers.

I think this is your best way to rid yourself of this claim. You would take the gathered info, research both state and federal applicable statutes, and go from there. If it is found you must pay, you can then make offers of settlement, or other amicable resolve that most benefits you, not them. Or, if you find you are not liable, tell them to go eat Maggot Droppings.

Gunny, it is easy to see your respect for Gunny Ermey. Your "carry on" says it all. Are you aware he is, or already has, spoken before Congress to separate the Corps from the Navy? I gave a letter to my Congresswoman, Mary Bono, to support this entirely. Hey, we've earned this many times over, so, it is about time something is done.

[dinomosin]

I was in the Navy at the time (1989-91) stationed at the Naval Medical Clinic Annapolis. I rented an apartment with a 1 year lease and about 10 months into it got married to another sailor and rented another apartment without fulfilling my lease. This was almost the exact same time as Desert Shield and I was sent TAD (temp. duty to Bethesda (only 40 miles away) for 6 months. I really don't think the TAD had much to do with the move. It was 20 years ago and I don't remember everything clearly but I am pretty sure it was my fault. In 1991 my wife and I were both transferred to Jacksonville FL and both got out of the navy in 1993.

The original judgement is for $793.16 dated July 31, 1992 (I moved to Florida in October 1991 and was never served) but has ballooned to $1778.41 with $821 interest at 6% x 17 years + 45 court cost + 118.97 attorneys fee.

I will look into getting the docket sheet and will update when I get it.

[dinomosin]

I am able to pull up the docket sheet in the courts website. It is about 3 pages long and I wasn't sure if I should cut/paste it here or not. The Judgement was renewed in 2004.

I have spoken to the security department at Navy Federal (the lady who is handling my garnishment.) She had me fax her the granted motion to discharge property from levy/attachment but she would not release my account because the motion did not say anything specifically about Navy Federal. There were 2 bank accounts mentioned in this suit, my NFCU account that I have had for 20 years and another B of A account that I had when I moved into the apartment but was closed 15 years ago. She says I need to get something from the court that specifically states they are releasing my NFCU account or something from the attorney who filed the suit against me.

So now I am about to send a copy of the discharge property from levy/attachment and a letter to the Attorney and demand that he contact NFCU. I wonder if now he'll come after me in Florida?

Edited May 7, 2010 by dinomosin

[retmar]

I would get copies of the original suit and renewal, everything the court has in their possession. The charge for each page is reasonable. Upon receipt, read each piece carefully. You want to find anything that is wrong, such as the service, fees and/or interest applied, along with whether licensing was necessary, anything to shoot it down. Look for any violation or NOT allowed item you can find.

By your comment as to only the garnishment being involved, I am going to assume the renewed judgement is still enforceable, therefore, it is possible this attorney will try knocking on your door, or, garnishing your wages.

You now have your work cutout for you. Check your state to see if foreign judgments can be domesticated. If so, you will want to have your ammo ready to shut this down before they touch anything of yours now.

If judgment is unenforceable, they will have to bring a new suit in your current county. Not a problem as the SOL has run, plus, LACHES are now attached.

[dinomosin]

I sent off a Money order to the court today for copies of the case 27 pages x 50 cents a page. Yesterday I sent a letter to the Attorney (collection agency) stating that it had been 30 days since I got the letter from the court and telling them to contact NFCU immediately to remove the hold.

I spoke with the lady in the Security Dept at NFCU and she said because the paper from the court discharging my account from levy/attachment did not specifically state Navy Federal she could not release my account. Hopefully when I get the papers from the court there will be something in there to that effect or the Attorney will indeed contact them.

Oh well time to play the waiting game again.