Being sued by Midland in Florida

[Lc 4821]

Hello I am being sued by Midland Funding LLC for a Sams Club card I am on Total Disability How do i respond to this Summons that was delivered today Please help

[Xenophon]

if you are on disability , generally, a bill collector cannot garnish your Social Security disability benefits -- neither SSDI (disabiliy insurance) or SSI (Supplemental Security Income). Your disability income is exempt from creditors, subject to a few exceptions.

 

Exceptions. The federal government can garnish your Social Security disability benefit to recover money owed to it, such as back taxes or defaulted student loan payments that have been guaranteed by the federal government. Additionally, your SSDI disability benefit can be garnished to recover back or current child support obligations. (Read more about disability benefits and child support.) If you receive SSI, it cannot be taken to pay even child support, student loan payments, or unpaid taxes.

 

Illegal garnishment. Despite the rule, Social Security disability and SSI money is sometimes illegally garnished or levied from bank accounts. Banks used to be allowed to comply with court orders for garnishment without checking the source of the income. However, a new federal law passed in 2011 requires banks to review accounts before garnishing money to see if Social Security funds have been deposited. For moreinformation, see Nolo's article on Protections for Social Security Funds in Bank Accounts.

To protect your disability money, if you think a garnishment order may be filed against you, you can file a document with the court stating that your income is protected from creditors.

 

im not sure if you have to file an answer to their demand, you may not even have to do anything about it but i will leave it to a more experience member to answer.

[Lc 4821]

Here is a copy of the complaint

 

Plaintiff, MIDLAND Funding LLC Assignee of GE Capital Retail BANK/ SAMS CLUB by and through it undersigned attorneys,sues Defendant ME and alleges:

 

Jurisdictional and Factual Allegations

 

1. This is an action for damages that does not exceed $15,000.00 exclusive of court cost

 

2. Upon Defendants request GE CAPITAL RETAIL BANK/SAMS CLUB (herein after the "Original Creditor" established a credit account in the name of the defendant, ME, and issued a credit card to same defendant

 

3. Plaintiff is the assignee of  GE CAPITAL RETAIL BANK/SAMS CLUB. 

 

Account Stated

 

4. The Defendant had a revolving credit card account(s) ("The Account(s)") with the Original creditor and used the  account(s) to obtain purchases and/or cash advances and, as a result, became indebted in the amount of $5,854.45 to Plaintiff. True and correct copies of Plaintiff's record of the account is attached hereto as Exhibit "A"

 

5. Plaintiff provided monthly account statements tot he Defendant reflecting,among other information, transactions to the account(s) since the preceding billing period, the total amount due on the Account(s), and the minimum payment(s) due.

 

6. The defendant did not object to the aforementioned account statements

 

7. The defendant owes Plaintiff $5.854.45 and cost of suit

 

Wherefore, Plaintiff, MIDLAND Funding LLC Assignee of GE Capital Retail BANK/ SAMS CLUB, respectfully request entry of judgement against defendant ME in the amount of $5,854.45 and court cost

 

 

 

[sunshinerey]

Thanks

Xenophon

 for you information regarding  The SSDI.  I filed a declaration of defendant regarding income and assets exe

mpt from garnishment when I filed the answer.

[graym]

Not sure why you would do that considering that it's the beginning of the suit and you haven't lost yet.  Garnishment is simply a post-judgment method of collecting upon a Judgment so whether or not you are on disability and possibly exempt from garnishment has nothing to do with your ability to answer / defend the suit prior to Judgment.  They've already spent the filing fees as well, so it's not like they will simply dismiss because you declare you are exempt from garnishment, they would simply push through (if you don't fight it) and get the Judgment hoping that something will open up down the line.   The only benefit of stating that you are collection proof is to use it as leverage to negotiate a settlement, if you are willing to do that.  However, if you don't have money to settle, and you truly are exempt from any potential Post-Judgment garnishment, you have nothing to lose by defending yourself and trying to win the case.  Additionally, if you fight the case, and you actually are collection proof and let them know, they might simply dismiss because it wouldn't be worth their time and energy to win against you if they might not be able to collect it anyway. 

[rmbrocks]

In Florida you do not have to file an answer, but if you file one requesting a dismissal with good reasons, it may get dismissed.

I just won against Midland here in Florida.

I could not handle the paper work nor learn the rules and procedures fast enough to do myself.

There are good attorneys out there, I found one, didn't cost me a dime.

These are winnable cases and attorneys win, then can sue for attorney costs and fees.

A free consultation was the best thing I did in my case.