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Follow-up court date to garnish wages - Midland


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Im in desperate need of help. I received a certified letter from Midland but failed to respond. I showed up on the assigned court date. My name was never called so after all other cases were heard I met with the lawyer that was representing Midland. I explained to him that I sat in court without my name being called. He wrote my name and asked me to fax over my information. I did this without any follow up from the firm until last week when I received a notice regarding garnishment. First of all I am a single mother of 2 reveceiving disability ($1,472)  and work part time making ($563) this is based upon what I am able to work. If someone can help please.

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It sounds like you forgot to sign in with the clerk when you went to court and were automatically considered absent and the court issued a default judgment for the plaintiff. You will have to contact the court and obtain all the filings on your case. You might be able to get the Judge to reconsider and strike the judgement but we need to know what your up against first.  Were you served a summons and complaint with the certified letter?  

 

HP

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Have you received a copy of a judgment against you? It sounds like you didn't answer the complaint so they got a default judgment. The date that you went to was probably the trial date, which wasn't needed because you didn't answer the complaint to deny the charges to make it go to trial. 

 

Are you on SS disability? Any state aid? Because all your wages might be exempt from garnishment. According to R.I. Gen. Laws § 9-26-4 (8)(ii) "The entire wages or salary of any debtor due or payable from any employer, where the debtor has been the object of relief from any state, federal, or municipal corporation or agency for a period of one year from and after the time when the debtor ceases to be the object of such relief" are exempt.

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HP is right - you didn't check in with the clerk - the clerk figured you are a no-show.

 

You need to file a motion to vacate....

 

 

 

Also, SSI is generally exempt from being garnished - but if you co-mingle funds from employment into the same account, then all the money in the account is fair game.

 

 

 

A lesson to everyone - ALWAYS, ALWAYS, ALWAYS check in with the clerk!!!!!!!

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New England courts are pretty much all the same. You don't "check in" with the clerk. You go to the appropriate court room and the clerk will call the cases in order. Sometimes the judge will ask ahead of time if any of the arguments will be lengthy, and those go last. Sounds like the poster messed this up early on. SSI is not garnished. Ask the bank to flag the deposits as SSI. Better yet, don't use the account for anything else. Don't expect the opposition to help you, especially Midland.

 

Limits on Wage Garnishment in Rhode Island

There are limits to how much money can be garnished from your paycheck. The idea is that you should have enough left to pay for living expenses.

Federal law places limits on wage garnishment amounts. However, Rhode Island imposes even stricter limits. This means that in Rhode Island, the most that can be garnished from your wages are:

  • 25% of your disposable earnings, or
  • the amount by which your weekly disposable earnings exceed 30 times the federal hourly minimum wage (currently $7.25/hour).

The Rhode Island garnishment law also allows you to protect all of your wages or salary for a period of one year after you have been receiving assistance from any state, federal, or municipal corporation or agency, such as public assistance or welfare benefits. Rhode Island law also prohibits the wages of a seaman or sailor from being garnished.

“Disposable earnings” are those wages left after your employer has made deductions required by law.

Example. You take home $500 per week after taxes are deducted. 25% of your disposable earnings is $125, and the amount by which your wages exceed 30 times the federal minimum wage is $282.50 ($500 - $217.50); thus, the lesser amount ($125) can be sent to your creditor to repay your debt.

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Thank you all for you responses. This is all so new to me and I get overwehelmed with things due to my anxiety. I am barely making it as it is very difficult to keep everything going. I am 100% disabled due to a chronic illness and have been on chemo 3 times, I receive medicare and state medical for me and my girls.

 

I am paid monthly for the disability and job that is my total income for 3 people 1 adult and 2 minor children. At times my hours change depending on if I am able to work. What is the process of vacating? I did receive a certified summons from the court the first time but was just lost and clueless on what to do so I showed up. I received a garnishment letter/notice and attachement of wages form from the attorney last week that I must object to by 1/29. When I complete the enclosed forms to object due to receiving public assistance do I write a letter requesting to vacate the original order on 7/23/11?

 

This is all so new and I am really determined to get started on cleaning up my credit. I have received my credit report and I have many closed accounts but to be honest this was during the time of me being admitted to the hospital from 2002-2005. I do not recall having these accounts and I can remember disputing some of them 2 yeasrs ago on-line through the credit bureaus but the response from them was validated which made me very discouraged.  After reading and researching I see that they use a system called Oscar and automatically makes those decisions? SO is possible for me to dispute those again with the dispute letter from this website. If so do I send the dispute letters to the collections/attorney agencies too? I received another letter from another law office last week to for another account? Should I just send the dispute letter?

 

I really appreciate all your help and guidance....thank you, thank you!

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You sound like a good candidate for bankruptcy. That will flush all these judgments and any other accounts you owe. Your best chance at getting this vacated is medical. Don't try "It got lost" or anything that sounds like negligence on your part. If you can get a letter from your doctor stating that you were being treated for such and such at the time the summons was served and in his opinion you were in no mental state to respond, that may work. Any account closed in 2005 is beyond the statute of limitations, they cannot sue you and if the do it's a violation of the FDCPA.

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Midland reminds me of a buzzard.

When you see a vulture circling over that hunk of carcass think of midland funding.

Buzzards are generally very cautious in approaching a prospective meal. Perhaps they sometimes circle to be sure that the animal is really dead, and thus no threat, but it's more likely that they are checking to make sure there is no potentially dangerous competitor, such as a coyote, lurking about.

 

Like in this case here: 

"My name was never called so after all other cases were heard I met with the lawyer that was representing Midland. I explained to him that I sat in court without my name being called. He wrote my name and asked me to fax over my information. I did this without any follow up from the firm until last week when I received a notice regarding garnishment."

 

What type of attorneys do they hire? Do they have a conscience?

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What did it say in the notice?  Sometimes there is a court date and you go in and bring your evidence of expenses and income and they determine what the garnishment is.  If you make very little money, they might determine that there is no garnishment possible.  

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