AuroraD19

Advice on MCM judgement practices

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in 2012, I received a summons to appear in court, and immediately called MCM. I entered into a monthly payment plan, and was advised by them NOT to respond to the summons. They said that they would advise the court that we reached a settlement outside of court, and no judgement will be entered.

Little did I know, that there was a judgement entered against me! When MCM sent me my "judgement", they sent me a judgement for someone else in the county over from mine! I advised them of their mistake, and my concern for someone else having knowledge of my debt. They responded with a "Don't worry about it, we didn't send it to anyone else". I was able to make the payments we had agreed on on time, and then suddenly, MCM stopped taking the payments! My card number didn't change, my bank account information didn't change. When I asked them about this, they were extremely rude, and said that I wasn't making the payments. They were automatic payments! I also filed a complaint with my state attorney general, and BBB regarding their collection practices (Last person I spoke with at MCM demanded I pull over my car to write down information, on a very busy highway no less, and he was rude an unprofessional, not even giving me the MM MD!) 

2 weeks ago, I got a letter in the mail from my employer that now MCM received a court order to garnish my wages. Obviously, the garnishment has already started, but I was never notified that they were even taking me to court for a wage garnishment hearing. I filed an appeal, and have my court date for next Thursday. In preperation for the court date, my husband had me pull out and put together all the documentation that I ever received from MCM, and one thing really shocked us - the "summons" that MCM had delivered to my home was never signed or notarized by the courts! On top of that, I'm not really sure what type of case MCM even had, considering they never supplied me with the proper judgement in the first place. The biggest issue is that my husband does not work, so I am the breadwinner in the family and we are barely keeping our heads above water. Is there anything that I can do?

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I would recommend that you contact a consumer attorney.    There may be FDCPA violations here, so you might have some leverage over MCM.  I  have used this firm in Ohio, with success:

 

http://www.fairdebtcollectionhelp.com/

 

It might be possible to get the judgment vacated, as it was obtained by lying to you.  I say might because of the time lapse of two years is not helpful for you, but it never hurts to try.

 

You also need to get everything that was filed with the court.

 

Another thought: file a bar complaint against the person at MCM who told you not to respond to the summons.  This was absolute fraud on their part.

 

And, a lesson to anyone else reading this:  always respond to a summons, don't enter into payment plans with JDBs, don't believe a word they say.  They are lying when their lips are moving.

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Excellent advice from @nobk4me above. Now you know why so many of us sound like a broken record on this subject. Never trust anything a JDB/CA tells you.

 

Not only are most of these shady companies, but they also have employees that are working on commissions and bonuses. They monitor their employees and threaten their jobs when they don't meet the minimum quotas. On the other hand they pay them bonuses based on how much extra money they collect. They may have guidelines and standards, but I doubt they ask many questions on the methods of the top producers. Even if you deal with an honest employee to begin with someone else in charge of your account changed the agreement. 

 

You are not alone in dealing with these people. Encore, Midland Credit, Midland Funding, Asset Acceptance, Propel Financial, Cabot Credit, Marlin Financial

 

Just fill in the party name below and check out the lawsuits filed against them. 

 

http://dockets.justia.com/search?noscat=13&cases=mostrecent

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the biggest thing that we recently found from all the paperwork that I kept over the long run is this. I have a letter that was sent to my home from MCM showing that I have a $0 balance on this debt with them. I plan on taking it to my hearing next week to show the judge that this is why I stopped paying them, and this is why the garnishment should be vacated.

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No, unfortunately I did not. I did get a response from them though stating that when it came to my garnishment, the first person they notified was my employer after the court date.

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