Jamie Michigan Posted October 26, 2019 Report Share Posted October 26, 2019 1. I got a free lawyer who encouraged me to settle a 700 claim for 400 dollars (originally 400 before fees) 2. Fast forward 3 months later, I did not pay because a lot of things came up. 3. TODAY, i get a letter from one of my banks saying Midland Funding is subpoeona my bank and a letter attached from the courts. 4. I called the bank and they told me they have to comply. What on earth could of happend and do I have any legal recourse? Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted October 26, 2019 Report Share Posted October 26, 2019 2 hours ago, Jamie Michigan said: 2. Fast forward 3 months later, I did not pay because a lot of things came up. HUGE mistake. 2 hours ago, Jamie Michigan said: What on earth could of happend and do I have any legal recourse? Most likely that settlement was a consent judgment. What that means is if you didn't pay as agreed in that settlement they did not have to continue with the suit. They only have to file the judgment with the court and then can levy your bank accounts. If you/your attorney agreed to a consent judgment then you do not have any recourse. You need to contact the attorney and find out what you agreed to. Quote Link to comment Share on other sites More sharing options...
Jamie Michigan Posted October 26, 2019 Author Report Share Posted October 26, 2019 Can I challenge standing? Why am I hearing this from my bank and not the courts or Midland? Is there a subpoena for me and I have not gotten it? Why has my lawyer no knowledge of this either? Quote Link to comment Share on other sites More sharing options...
WhoCares1000 Posted October 26, 2019 Report Share Posted October 26, 2019 6 hours ago, Jamie Michigan said: Can I challenge standing? Why am I hearing this from my bank and not the courts or Midland? Is there a subpoena for me and I have not gotten it? Why has my lawyer no knowledge of this either? Not at this point. The time to challenge standing was during the trial before you made the agreement, not now. As for hearing this from the bank, if the creditor has a judgement, the creditor does not have to notify you before they do a levy or garnishment. Most don't do so anyways because people would quit their jobs or clean our their bank accounts if they did have warning. I am shocked that the bank did contact you. Most banks don't contact their customers when their accounts are attached and the customers only find out when checks bounce or their debit card is declined. Your lawyer should have told you the consequences of not paying on this settlement and it does not sound like they did. Quote Link to comment Share on other sites More sharing options...
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