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Midland Garnished my wages. The Process Server went to wrong address.


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Now that I've finally calmed down. I'll jump right into it.

Midland Funding has garnishment my wages. I just found out when I went to review my paycheck. No letter or nothing was mailed to me. 

I called ADP to see what this was about. They had me to review the legal documents on the app. In review, the address the  Affidavit was sent to is an address I've never lived at. Also, the person has the same name as me. According to the county web docket the spouse is listed as the person who signed for the paperwork. ( I'm not married BTW). 

I've called the county and they advised to reach out to the attorney on the garnishment. Well the # listed  is the phone # to Midland and not an actual attorneys office. The representative at Midland asked me to make a payment. I told him I don't know what this debt is for and your asking for a payment ?!!! He advised I will have to go back through the court otherwise there is nothing he can do.  I need help. Any suggestions are greatly appreciated. 

 

 

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IDK Georgia court procedures @Clydesmom does. 

From legal beagle:

Opening a Default Judgment

Under typical circumstances, a defendant must make a motion to vacate a default judgment and present facts to the judge. However, Georgia's civil procedure rules provide default defendants a 15-day window after the judgment was filed to file an answer or to otherwise defend against the allegations. This is known as opening the default judgment, and this procedure does not require the defendant to prove that there was a mistake or fault. Under Georgia law, it is a matter of right. In other words, if the defendant shows up to defend the case within 15 days after the default judgment was entered, the court is required to hear his case.

 
 

Grounds to Reverse Default Judgment

If the defendant has missed the 15-day window when the court can re-open the default judgment, three grounds exist to reverse or vacate the judgment. The first ground is based upon a lack of personal jurisdiction over the defendant. This means the defendant subject to the judgment is not a resident of Georgia and has no significant ties to Georgia. The second ground is based on fraud, accident, mistake or intentional acts of the opposing party that caused the defendant to fail to appear in the original action. The defendant must present specific facts to the court to argue this ground. The third option requires the defendant to show that plaintiff's original pleadings did not actually state a valid claim under Georgia law and the defendant should not be liable.

Time Limit to File Motion

A defendant does not have unlimited time to file a motion to vacate the default judgment. Once a defendant becomes aware of the judgment against him, he must file a motion to vacate it within a reasonable time. He must also arrange for the service of court documents upon all involved parties. The court can only vacate a judgment within three years from the original entry of judgment.

 

Happen to me in VA. 

I went to state court information site found the court case courthouse and case number. 

I then filed a MOTION TO SET ASIDE DEFAULT JUDGMENT court had a form for that. 

At hearing, I could prove I was not living at address where they posted the warrant in debt (summons) (closing electric bill for old address) and Driver's license new address prior to they posting summons.  Judge they vacated the judgement.  Then set a date for trial.  It was against OC CITIBANK SOUTH DAKOTA N.A. for  which I lost got judgement and ended up paying in payments. 

 

 

 

 

 

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Thank you for answering and providing  valuable information. Sorry this happened to you as well. I’ll go to the courthouse first thing in the morning to see if I can get the ball rolling.  I’m not legal savvy and wonder if I should hire someone that can represent me. 

 

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Getting the Judgement vacated if your within 3 years is not the hard part.  All that does though is take the case back as if you were appearing on they court date. Since, Georgia has court by ambush you may have a trial at the same time you vacate judgement.   @Clydesmom  understands GA courts and is active on board she maybe aware what happens on the day you appear to vacate the judgement.  Was your case in Magistrate Court? 

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After vacating you will have to defend case.  

depending on the original debt MCM bought you may be able to file a motion to arbitrative which MCM usually does not follow into. 

Did MCM send you copy of complaint? 

fill out best you can the information requested in this link. 

 

 

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3 hours ago, Bulldoger said:

Getting the Judgement vacated if your within 3 years is not the hard part.  All that does though is take the case back as if you were appearing on they court date. Since, Georgia has court by ambush you may have a trial at the same time you vacate judgement.   @Clydesmom  understands GA courts and is active on board she maybe aware what happens on the day you appear to vacate the judgement.  Was your case in Magistrate Court? 

Yes, it’s in magistrate court. 

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2 hours ago, Bulldoger said:

After vacating you will have to defend case.  

depending on the original debt MCM bought you may be able to file a motion to arbitrative which MCM usually does not follow into. 

Did MCM send you copy of complaint? 

fill out best you can the information requested in this link. 

 

 

I haven’t received anything from MCM.  They have the wrong address for me. 

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15 hours ago, ONE HOT MAMA said:

Midland Funding has garnishment my wages. I just found out when I went to review my paycheck. No letter or nothing was mailed to me. 

Unfortunately Georgia does not require they notify you prior to garnishing.

15 hours ago, ONE HOT MAMA said:

I need help.

Yes, you do and it needs to be a lawyer.   Call Skaar and Feagle and do a consult (usually low or no cost) with them.  I have recommended them before and several on this forum have had great results with them.  You have 2 issues.  First is if this is even your debt.  It is possible the debt is the person they served but they are garnishing the wrong Jane Doe.  The other is that they served the wrong Jane Doe and you never had a chance to defend the suit.  Either way it is my belief that either action is a violation of the FDCPA and they did not do due diligence.  My educated guess is if you retain the law firm they not only make this go away completely but the possibility exists that Midland could end up paying you for the FDCPA violation(s).  You have to move quickly though.  CALL today.  DO NOT email or use the "contact us" link on the website.  

Come back to this thread with other questions and do let us know how it works out.

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