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bjshelley | How can I stop Midland Credit from garnishing my paycheck? |
they have already gotten over a thousnd dollars from me in garnishments I want to stop them from doing this because this an account that i believe is over seven years old
Additional Details
so far everyone is quick to judge as if saying I didn't do certain things true i left certain info out like the fact that every time i call this company the number is wrong or i am tranfered and never talk to a real person i have tried to get this issue resolved but cant now what am i going to do |
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Tommy Menudo
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Do you owe the money?
Not much you can do if it is a legit debt. |
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skaizun
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A "garnishment" is a judgment declared by a judge or other third-party, such as a mutually agreed upon arbitrator. No company, much less a credit card company, can legally access your pay check without such a judgment, at least in the USA.
The age of the account is not a factor (if you were thinking that there is a statute of limitations, obviously the judge/arbitrator saw it differently, and, most likely, correctly).
Of course, if the debt has long since been paid, and they are continuing to garnish your wage, then you need a lawyer's assistance (you didn't say this was the case, but a lot of askers omit critical details, whether it is a real situation or not).
Instead of griping about the seemingly, properly adjudicated garnishment, you should be doing everything in your power to pay it off as soon as possible, and don't repeat the situation by buying more than you can afford to pay with a one- or two-month time period. That will help rebuild your now-tarnished credit rating and history (BTW, lots of credit card companies look for people who are in your situation; they will promise you low, low rates, in exchange for transferring your current credit card balance to them, and then sock you with nearly usurious rates in the near future, so, hopefully, needless to say, you shouldn't accept such offers! You have enough problems as it is!).
If I were you, I'd bend my head down, and thank goodness that the situation isn't worse, and that, hopefully, you have learned a very important and valuable lesson.
Good luck!
P.S. You could have used a generic term, such as, "my credit card company", instead of specifying the name of the company, which could be deemed libelous, since, clearly, you are in the wrong! The same is true if this whole scenario is a fabrication, as many companies are very protective of their corporate image, and may go after you! Be more careful, next time, especially when there is no valid reason to use any company name! |
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DeeDee
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when a garnishment is issued, an exemption form is mailed to you. This is when you have the chance to exempt out for various reasons, or to assert that the debt is not valid. Now it is too late, unless you hire an attorney to enter the case and PROVE the debt is either outdated or not a legal debt. |
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bdancer222
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If they are garnishing your pay, they have a judgment. Judgments are good for 10 years and can be renewed. The 7 year reporting period has nothing to do with it.
Did you fail to go to court when they sued? That would have been the time to bring up the age of the debt if it were beyond the statute of limitations (SOL). |
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bully_on_speed
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stop taking out loans.....also if the debt is seven years old think about all the interest you owe |
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mrpunkass
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Normally, you can dispute dispute debts through a process called debt validation. Whether the debt is yours or not, creditors and collectors are required by law to provide sufficient evidence that the debt is yours. Since Midland Credit is a debt collector and not the original creditor (the guys who loaned you the money), oftentimes they cannot provide sufficient paperwork proving that a debt is yours. I wont go into details, but I listed the source and you can review it yourself.
Unfortunately, you are on the losing end and it may be too late =(
1. Even though your account may be over 7 years old, it only ages from the date of last activity. Sadly, since you are currently making payments, the account will not disappear or "drop off" until 7 years after your last payment.
2. Since they are garnishing your check, this means that you have already agreed or admitted that the debt is yours. You will have an almost impossible case against them in small claims, unless the account is not yours. (If it wasn't yours, you wouldn't be here.)
Anyway, check the source link listed below. There is a vast amount of information the site on how to dispute debts and repair your credit. Oh, and it's free btw. |
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stephenweinstein
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The age only matters in that (1) it is removed from your credit report after 7 years, and (2) they cannot sue after the statute of limitations expires. If, before the statute of limitations expired, they sued and obtained a judgement, then garnishments can continue until the judgement is satisfied.
Your question should have been posted in the "Credit" category", not the "taxes" category. |
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Gypsy Girl
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The only way you can stop them is to pay the account. You are confuse about the seven year rule. It only states that they can only report your acount as delinquent for seven years after the account is settled. If you owe the money, they have to right to collect it. And shame on you for trying to evade your debt! |
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wartz
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A creditor can not garnish your paycheck unless it has a judgment issued through a court. You have to be given an opportunity to defend yourself before it gets the judgment. You apparently did not exercise this right and the creditor got its judgment. End of story. You either have to make peace with the creditor or look into filing bankruptcy. |
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