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Sued by Midland Funding LLC - Texas


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Well I'm already out of court. Judge refused to hear my objections to the affidavits of business records stating that they were done in the course of conducting regular business. I even objected to that bringing up the suits filed in 38 states against Midland for "Robo-Signing" even offering copies of the depositions that were made public record from the Ohio and West Virginia cases. The judge just said simply that didn't happen in Texas and as of now there is no case law from the State of Texas v Midland to cite.

I guess now I need to decide whether or not to appeal or to still not pay since in Texas they cannot garnish wages and cannot garnish bank accounts if the income is from an exempt source (like wages).

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 It is not advisable to attempt to utilize case law from other states.  If the judge had agreed with you he would have been leaving the door wide open for the plaintiff to win on appeal.  There is plenty of Texas case law regarding the inadmissibility of junk debt buyers' affidavits even though there may not yet be anything regarding "robo-signing" of the same.

 

 While they cannot garnish your wages in Texas they certainly can seize funds from your bank account if they have been awarded a judgment against you.  

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I only brought up the Ohio and West Virginia cases because they reference each other and the State of Texas is a named party in the current appeal of the class action suit in Ohio. I used it to help shore up my argument that the forms were robosigned but since I could not cite a ruling in the State of Texas v Midland case the judge refused to allow it.

As I have always known as the one variable is and always will be the judge, especially in a Texas Justice court where the judge was voted in and does not need to have a legal background. My judge owns an IT company in the same city that I live in.

As for collecting on a judgement the state does not allow wage garnishment and since I am the sole provider fora family of four all of the deposits into my bank account are from wages which as noted are exempt from garnishment.

My case was for $1600 and from what I have researched it would cost me that much in legal fees and filing fees to appeal the case (of course I would only have to pay these if I lost and could find an attorney that would take this on a contingency basis).

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As for collecting on a judgement the state does not allow wage garnishment and since I am the sole provider fora family of four all of the deposits into my bank account are from wages which as noted are exempt from garnishment.

 

Where exactly have you seen this "as noted"?  You are either misinterpreting the law or mistakenly referring to law from a state other than Texas. 

 

Your wages are indeed exempt from garnishment- this means your employer cannot be forced to withhold a percentage of your paycheck and send it to the lienholder like in most other states.   If after your bank is formally served a Writ of Garnishment your paycheck is deposited into your bank account, manually or via direct deposit from your employer, those funds can and will be frozen along with any other funds in your bank account.  The only source of funds exempt from being frozen are Social Security checks. 

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  • 1 month later...

Where exactly have you seen this "as noted"?  You are either misinterpreting the law or mistakenly referring to law from a state other than Texas. 

 

Your wages are indeed exempt from garnishment- this means your employer cannot be forced to withhold a percentage of your paycheck and send it to the lienholder like in most other states.   If after your bank is formally served a Writ of Garnishment your paycheck is deposited into your bank account, manually or via direct deposit from your employer, those funds can and will be frozen along with any other funds in your bank account.  The only source of funds exempt from being frozen are Social Security checks. 

 

Correct.  If there is money in your account and you have a judgement looming.. Then you may want to get that money out of the account.  Otherwise they may be able to get to it.  Maybe until the judgement is resolved try getting a check from your employer and cashing it.   This could allow you to be sure your bills are paid.   Otherwise that money you are counting on could disappear.  SOme of this is from recent info i  have heard from bankruptcy atty.

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Hi Zero, any news?   Did you go Pro Se or go with Attorney. Ive been going back and forth with the idea of going pro se VS going with debt lawyer.    Im finding that it seems many attorneys like to discuss settling.  Less work I guess.    Got a court ordered mediation coming.  Wont be able to settle with them in any case, so any news is helpful.  Cheers!

 

 

Thank you very much for the info!!

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Hi Zero, any news?   Did you go Pro Se or go with Attorney. Ive been going back and forth with the idea of going pro se VS going with debt lawyer.    Im finding that it seems many attorneys like to discuss settling.  Less work I guess.    Got a court ordered mediation coming.  Wont be able to settle with them in any case, so any news is helpful.  Cheers!

 

Consult with Jerry Jarzombeck.  He is NOT the kind of lawyer  to push a client into settling.  http://www.jarzombeklaw.com

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  • 8 months later...

I have been served with a Petition for a suit by Midland Funding and I am reading through these posts for help with my answer, but it seems that the "Plaintiff's Original Petition" that I was served does not appear to look like the ones I am finding on this forum. It looks to me like the answer should be fairly simple. A couple of things to note: page 14 has a date of birth and a phone number that don't belong to me. And input on this would be greatly appreciated. If I need to start my own "post", please let me know how to do so. I am new to this site and still trying to find my way around.

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  • 4 weeks later...

Just FYI - my final outcome was to settle with the help of an attorney.  While initially I figured I may as well fight since I didnt have the money to pay them anyway.   In all my research and review I finally decided to get it over with in this way.     I believe if one has the proper knowledge and time to work through this they may be able to fight the JDB.    I may have won with lawyer or on my own. In my situation I was too close to Statute of Limitations for other debts to let this one possibly get a judgement.   So now although there are other debts outstanding, I am beyond SOL.   So basically they cannot sue without breaking some laws in which I might be able to counter sue them if they do attempt to do so.   

 

By the way in my experience the lawyers I spoke with generally motioned toward settlement.  It may have been my circumstance.  However, unless like the above they blatantly sue you when beyond  SOL, or they break some other Fair Debt Collection protocol.   I believe it is much easier this way for them.   Of course it was my choice to choose - but I definitely got the feeling settlement was the way to go.  I think I got a really good settlement amount plus my lawyers fees (Majority of cost).  But I am able to pay both off.      I also moved this direction because at the time I saw a few that had unfavorable outcomes due to some recent changes in law.  I look forward to other stories and wish you all the best who contribute.  

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