JulieK

On SSDI, yet judge ruled against me in Crown Asset Management collection case

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4 hours ago, JulieK said:

I guess this explains why my bank has not put a hold on my account,  as they see the only deposits come from the Department of Social Security.  

The bank has probably not seen the request you because you filed a timely objection to the motion for order to garnish. The hearing has to now be held before the order can be granted (or denied).

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19 hours ago, WhoCares1000 said:
 
 

The bank has probably not seen the request you because you filed a timely objection to the motion for order to garnish. The hearing has to now be held before the order can be granted (or denied).

They sent the request to the bank almost a week before I got my notification. 

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Oh wow, then I am sure the bank already told them no way because there are only exempt funds in the account. If that is the case, they might not even send a lawyer and you simply present that the funds are from SSDI to the judge and he will most likely deny the order for garnishment. I doubt this is going to take more than 5 minutes (will take you longer to find parking and get to the courtroom that this will take).

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7 hours ago, JulieK said:

They sent the request to the bank almost a week before I got my notification. 

They do that because those people with judgments who have no exemptions would empty out their accounts if they knew what was going to happen.

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Got a call at 8:09 this morning telling the judge is postponing all hearings until at least June 1st due to Covid.  About time!  He has been holding court daily! 

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15 minutes ago, JulieK said:

Got a call at 8:09 this morning telling the judge is postponing all hearings until at least June 1st due to Covid.  About time!  He has been holding court daily! 

I guess he finally got wise.  I hope everyone stays healthy.  

At least -- they won't be garnishing your money anytime soon.  Hopefully once this is all over, you will be safe from garnishment forever, unless you win the lottery.  

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38 minutes ago, JulieK said:

judge is postponing all hearings until at least June 1st due to Covid.

Wow - that makes it easy! Things like stimulus were based on a a two week pause - not two months. There won't be anything left to adjudicate, by then, as I doubt masses of people living by the railroad tracks will really care about filing BK.

 

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Ok,  so last activity on my case was that I was granted a hearing and they moved it to June 3rd due to covid.  I periodically get on the municipal court page and check my case docket.  Well,  yesterday when I signed in,  there was a response from my bank.  They stated I have “no funds available”.  Which is true as all my income is from my ssdi.  I’m now wondering if they will cancel my court date or should I request it be cancelled if they don’t?  There really isn’t much I can see happening at it since I was just going to show them my income is all ssdi.  Anyone have any insight or thoughts?  Thanks again,  you all have been really helpful and I’m so glad I found this site. 
Julie

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1 hour ago, JulieK said:

I’m now wondering if they will cancel my court date or should I request it be cancelled if they don’t?

I would not cancel it.  As much as it might be a pain to go to the hearing I would want to show the court that ANY funds I have are exempt from levy/garnishment.  That would prevent having to go down that road every few months if the morons at the JDB keep trying.

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Agree with Clydesmom.  You don't want the JDB to keep doing this.  I suspect your bank will hit you with a fee, which could be $100 or more, just for responding to the bank levy.

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Hi. I have a question I have a 2012 judgement  from a collection  co. This company sold the business  to another collection  co. Now the 2nd company  wants to collect . What  is my first  step to deal with this.  

 

 

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First off, the SOL on the judgement is 20 years in Florida they are well within the SOL.

With that, the next question is, do you have assets or income that they can take through garnishment or levy such as a job and/or bank accounts. If you do, they can and probably will use those actions.

We will need to better know your situation.

Also, it is better to start a new thread with your situation rather than tag on to an existing thread.

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1 hour ago, WhoCares1000 said:

First off, the SOL on the judgement is 20 years in Florida they are well within the SOL.

With that, the next question is, do you have assets or income that they can take through garnishment or levy such as a job and/or bank accounts. If you do, they can and probably will use those actions.

We will need to better know your situation.

Also, it is better to start a new thread with your situation rather than tag on to an existing thread.

I’m on Ohio.  Have no assets at all,  only my bank account that I receive my ssdi in.  

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2 hours ago, WhoCares1000 said:

First off, the SOL on the judgement is 20 years in Florida they are well within the SOL.

With that, the next question is, do you have assets or income that they can take through garnishment or levy such as a job and/or bank accounts. If you do, they can and probably will use those actions.

We will need to better know your situation.

Also, it is better to start a new thread with your situation rather than tag on to an existing thread.

Hi . I ready appreciate  the respones.. but my issue is the orginal collection  the one that has the judgement  sold the entire  company  to the 2nd company that send me the letter.  If the debt was  sold to a 2nd  collection  wouldnt they have to validate  the debt.. if I asked.  How do I know they actually  have my debt  the 1co. Could  have  sold it .. I not just gonna send a check to the 2nd one.   Thx. Again.  

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5 hours ago, Sammy6150 said:

I ready appreciate  the respones.. but my issue is the orginal collection  the one that has the judgement  sold the entire  company  to the 2nd company that send me the letter.  If the debt was  sold to a 2nd  collection  wouldnt they have to validate  the debt..

Debt validation is entirely different when it comes to a judgment.  Once the court entered a judgment against you that certified in stone you owed the debt.  Midland gets all the rights to that judgment when they bought Asset out.  Debt validation when there is already a judgment means Midland is only required to give you a copy of the judgment.  They are no longer required to prove the validity of the debt.  The judgment does that.

5 hours ago, Sammy6150 said:

How do I know they actually  have my debt  the 1co. Could  have  sold it .. I not just gonna send a check to the 2nd one. 

At this point it has been public knowledge for seven years that Midland/Encore bought the holdings of Asset in 2013.  The fact that there is a public record with the court that Asset attained a judgment against you and Midland now owns Asset is pretty much a lock that they can collect on this.  It is way too late to try the case again and claim you don't owe the money.  Post judgment interest has been racking up since the judgment was received as well.  Midland is not going to go away on this unless you pay them or file BK.

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11 hours ago, JulieK said:

I’m on Ohio.  Have no assets at all,  only my bank account that I receive my ssdi in.  

This is why I would rather the other person create their own thread rather than get into another thread. We start to get confused on who we are talking to. Your situation is different than Sammy's.

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10 hours ago, Sammy6150 said:

Hi . I ready appreciate  the respones.. but my issue is the orginal collection  the one that has the judgement  sold the entire  company  to the 2nd company that send me the letter.  If the debt was  sold to a 2nd  collection  wouldnt they have to validate  the debt.. if I asked.  How do I know they actually  have my debt  the 1co. Could  have  sold it .. I not just gonna send a check to the 2nd one.   Thx. Again.  

All they would have to do is provide a copy of the judgement and that would be enough. As another user has told you, the sale of the assets of company 1 to company 2 is public record so it is considered general knowledge.

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I didn’t see the other persons question on my thread.  Sorry,  and yes,  it is very confusing!

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