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Midland funding judgement, dilemma


Doxielov
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I have received a notice of deposition from midland from a credit card judgement won by default two years ago. This is their first activity against me since they won the suit. I had a family hardship 6 years ago and having been delaying filing BK due to waiting for my house to get foreclosed upon and clearing everything via chapter 7. Long story short, I vacated my house years ago, and due to BONY allowing FC case to get dismissed by court two years ago and never refiling, I have passed all other SOL for CC debt. next month so will the mortgage foreclosure be out of SOL as it will be five years since loan was accelerated with no filing since 12/08. Midland has two of my other old accounts in collection, have been threatening to sue for months, but I've been responding via mail requesting proof of debt and mentioning that accounts are time barred under FL SOL.

Have not had bank account in my name for three years, been using an account with my husbands name, since he is not on any of my credit accounts. I am contemplating a payment plan with midland for the judgement account because I don't want to reveal my financial info to midland due to the other accounts they have. Is this a safe bet? The judgement is for $7000, but I figure that will cost me less than them trying to garnish my wages when they learn of my income re:the other accounts. Really want to avoid BK if the mortgage threat also becomes a thing of the past. Have consulted atty's in my area, and they seem to feel I will escape all other debt due to the SOL.

My question is, can midland try to attach the other debts to this judgement if I do an automatic payment to avoid the upcoming deposition?

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They can't attach the other debts to the judgement account, they need to get judgements for each one. If they end up suing you, and you do nothing to fight them, then they could get judgements from those accounts.

If you go in for the debtors exam, they will have your info. It will be easier for them to garnish etc. the next time if they get another judgement. Unless you settle the judgement first, you are required by law to go to the depo.

Do you have any access to a lump sum of money? You could try to settle the judgement before the depo. Make them a low ball offer and see what they would be willing to negotiate. If you do this, make sure the stipulation letter contains language that the judgement will be paid in full, and they cannot sell off the remainder of the debt. Otherwise you may find yourself back in court with another JDB trying to collect on the debt you already paid.

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