tenspeed

Judgement from Love Beal and Nixon/Midland Funding Oklahoma City

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Is there anything I can do?  I received notice that they will begin garnishment on my next paycheck.  I honestly do not remember being served.  I got a copy of the file and it says I was served at 9PM by a bail bondswoman in my county.  I have recently moved to another county and it is less convenient to visit the court, but I could.  I don't even know if the debt is valid.  It most likely is, but I don't know what it is.  Any advice would be appreciated.  The total amount is $5400.

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I can tell you in Louisiana, the chances of getting that judgment vacated would be close to zero unless you could prove you were somewhere else on that date at that time, especially if it was supposedly "personal service."

If the judgment was for $5,400.00, the amount is going to be much larger now if your state allows for attorney's fees, legal interest, costs, etc.

is wage garnishment allowed in your state?   Louisiana allows it but some states do not.   

Is this your only debt or do you have some other financial issues that are making things tough financially?   While it would not make sense to file bankruptcy over one $5,400.00 debt, if you have a lot more than that, it's an option to explore with an attorney.

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5 hours ago, tenspeed said:

Is there anything I can do?  I received notice that they will begin garnishment on my next paycheck.  

Where do you live?  The title of the thread says Oklahoma City but your location says Plano, TX.  The reason is TX does not allow wage garnishment.

5 hours ago, tenspeed said:

I don't even know if the debt is valid.

It is WAY too late for that.  The time to challenge the validity was when the suit was tried.

You need copies of everything in the case file which means a trip to the court house.  I would also go to www.consumeradvocates.org and get a free consult with a consumer attorney ASAP.  To get this stopped and possibly vacated you are going to need a lawyer's help and if they used sewer service you could have a claim against the creditor and the law firm.  That firm is KNOWN for their robo-suits and dirty tactics by the way.  Kristy Love is one of the biggest bottom feeders in TX.

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Can't figure out how to change my location.  I am in Oklahoma City, OK.  I moved from up north in a rural county.  Not many attorneys do business there.   Plenty do business in OKC, but charge to travel 2 hours. Wondering what my options are.  I called one and he said it is possible an attorney could get it vacated.   It depends on the judge.  Then you still have the debt.  I dunno what my best option is?

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1 hour ago, tenspeed said:

Can't figure out how to change my location.  I am in Oklahoma City, OK.  I moved from up north in a rural county.  Not many attorneys do business there.   Plenty do business in OKC, but charge to travel 2 hours. Wondering what my options are.  I called one and he said it is possible an attorney could get it vacated.   It depends on the judge.  Then you still have the debt.  I dunno what my best option is?

If you have already talked to some attorneys, they should have given you your options.   On what grounds did one of the attorneys think you could have the judgment vacated?   It does not depend on the judge, it depends on the evidence and how convincing the evidence is in your case.   Vacating a judgment is apparently easy in some states.   Here in Louisiana, I have only seen a handful that I thought had a chance and that was in circumstances where the judgment debtor did not live with the person that was served.    I think I had one case where the affidavit from a private process server (unusual in Louisiana) stated my client was personally served in Louisiana and he was able to prove he was in Qatar for that entire time period.   

It is important to know what defects exists in service of process in your case.   If appeal delays have passed, it is too late to say "they did not prove their case" so do not waste your time with that.   Someone mentioned you may have been a victim of sewer service.   That is worth looking into.   I do not think this will be a "quick fix."  Do you know where you were on the date when you were allegedly served or has it been so long you do not really recall?

"I do not recall" = you do not meet your burden of proof and I think it's important to understand that fact.    In most states, you will have the burden of proof on some defect in service.   I guess some states have a "burden shifting" mechanism but eventually a judge is going to look at you and say "what evidence do you have that this plaintiff did not really have you served."   You need competent evidence to address that question and "i do not know, I do not remember being served, I could have been served" is a losing argument.

Sorry I believe in being blunt and direct.   This may be a situation where you can get the judgment vacated and then deal with the debt over again.   This may be a situation where you need to call the seizing creditor and see if they are willing to lower the garnishment amount (it happens, especially if they think you might file bankruptcy if they do not).   This may be a situation where you are able to offer a lump sum settlement and they take it and the garnishment stops.    This may be a situation where you are drowning in debt and need a bankruptcy attorney.

I think you need to be honest with yourself to figure out which it is.

 

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1 hour ago, neweuquol said:

If you have already talked to some attorneys, they should have given you your options.   On what grounds did one of the attorneys think you could have the judgment vacated?   It does not depend on the judge, it depends on the evidence and how convincing the evidence is in your case.   Vacating a judgment is apparently easy in some states.   Here in Louisiana, I have only seen a handful that I thought had a chance and that was in circumstances where the judgment debtor did not live with the person that was served.    I think I had one case where the affidavit from a private process server (unusual in Louisiana) stated my client was personally served in Louisiana and he was able to prove he was in Qatar for that entire time period.   

It is important to know what defects exists in service of process in your case.   If appeal delays have passed, it is too late to say "they did not prove their case" so do not waste your time with that.   Someone mentioned you may have been a victim of sewer service.   That is worth looking into.   I do not think this will be a "quick fix."  Do you know where you were on the date when you were allegedly served or has it been so long you do not really recall?

"I do not recall" = you do not meet your burden of proof and I think it's important to understand that fact.    In most states, you will have the burden of proof on some defect in service.   I guess some states have a "burden shifting" mechanism but eventually a judge is going to look at you and say "what evidence do you have that this plaintiff did not really have you served."   You need competent evidence to address that question and "i do not know, I do not remember being served, I could have been served" is a losing argument.

Sorry I believe in being blunt and direct.   This may be a situation where you can get the judgment vacated and then deal with the debt over again.   This may be a situation where you need to call the seizing creditor and see if they are willing to lower the garnishment amount (it happens, especially if they think you might file bankruptcy if they do not).   This may be a situation where you are able to offer a lump sum settlement and they take it and the garnishment stops.    This may be a situation where you are drowning in debt and need a bankruptcy attorney.

I think you need to be honest with yourself to figure out which it is.

 

My situation is I make a modest income, about $600 after taxes every week, and I can't file bankruptcy because I have a rental property that I break even on every month after the mortgage payment, but is around $50,000 in equity.  I'm guessing any bankruptcy court would make me sell it. 

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7 minutes ago, tenspeed said:

My situation is I make a modest income, about $600 after taxes every week, and I can't file bankruptcy because I have a rental property that I break even on every month after the mortgage payment, but is around $50,000 in equity.  I'm guessing any bankruptcy court would make me sell it. 

I think you are correct a bankruptcy court would make you sell it in a 13 because it is not necessary for an effective reorganization, solely because you are breaking even.   It would be a different story if you were producing income from the property.  

In a 7, you could potentially have the trustee seize the property because of the equity if you are unable to exempt the property.

 

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