Lauren77

Help!! Being sued,need help!

Recommended Posts

Hi! I was recently served papers and i’m being sued by Midland Funding LLC/Blitt and Gaines PC. For debt in the amount of $2,500 with Commenity Victoria’s Secret. Before i ask my question..a little background on me. I am a married stay at home mom with 2 kids. I live in Illinois. I do not have any income as i haven’t had a job for 11 years. I do receive SNAP/state insurance. Nothing is in my name EXCEPT for my vehicle. It is the only thing i own outright that is solely in my name. I did a Kelly blue book and it’s worth at most $3,500. It is how i get my kids to and from school every day,etc. Now,my question....when i go to court for this(July) can they take my car to pay back this debt that i owe??? I am freaking out! Should i consider putting it in my husbands name? I don’t know what to do. Please help!!

Share this post


Link to post
Share on other sites

They aren't going to mess with a $3,500 car. $3,500 private party is probably $2,000 wholesale, and that's for someone that deals in used cars. JDBs aren't in the car sales business so they might net $1,200 after fees and commissions, etc. It's not worth it to them. A $50,000 would be a different story.  They might put lien on the title, but that's just so you can't sell it until they get paid. Plus, your state might have laws against them taking your sole means of transportation anyway. 

  • Thanks 1

Share this post


Link to post
Share on other sites

Stop. 

Take a breath. 

Don’t panic. 

If you can show to Midland that your only source of income is exempt income, such as public assistance, their policy is to stop collection.  

Call Midland and ask them about their hardship program. 

At least one other person on this board got them to stop a lawsuit after showing Midland financial hardship.  

Call them.  If you meet their criteria, they will drop the case.  

  • Thanks 1

Share this post


Link to post
Share on other sites

Another approach:  since the OC is Comenity, there is probably an arbitration clause, so you can use the arbitration strategy:

 

 

  • Thanks 1

Share this post


Link to post
Share on other sites
On 6/20/2019 at 4:23 PM, BackFromTheDebt said:

Stop. 

Take a breath. 

Don’t panic. 

If you can show to Midland that your only source of income is exempt income, such as public assistance, their policy is to stop collection.  

Call Midland and ask them about their hardship program. 

At least one other person on this board got them to stop a lawsuit after showing Midland financial hardship.  

Call them.  If you meet their criteria, they will drop the case.  

While OPs listed assets (the car) is fully exempt from being levied in IL, I am not sure how they view marital assets (i.e. a bank account that both parties access, etc).  If OP has her name on the same accounts as her husband who is working full time, she may not qualify for the Midland hardship program (nor from exempt bank levy).

Unless op can find the answers to these issues for sure, I think arbitration is probably the best way to dispose of this lawsuit.

https://www.illinoislegalaid.org/legal-information/money-and-property-exempt-judgments

  • Thanks 1

Share this post


Link to post
Share on other sites
5 hours ago, fisthardcheese said:

While OPs listed assets (the car) is fully exempt from being levied in IL, I am not sure how they view marital assets (i.e. a bank account that both parties access, etc).  If OP has her name on the same accounts as her husband who is working full time, she may not qualify for the Midland hardship program (nor from exempt bank levy).

Unless op can find the answers to these issues for sure, I think arbitration is probably the best way to dispose of this lawsuit.

https://www.illinoislegalaid.org/legal-information/money-and-property-exempt-judgments

True. 

Arbitration would be a great plan B if Midland won’t drop the case. 

The OP should prepare both strategies. 

  • Thanks 1

Share this post


Link to post
Share on other sites

Thank you everyone who commented! So,i talked to a lawyer very briefly in Illinois and yes my car is safe! Thank God!!! 

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.