QUESTION
Is it legal for Midland Funding to file with the court the same case number and collect a different amount owed?
Asked on Mar 02nd, 2013 on Bankruptcy - Nevada
More details to this question:
I have a judgment for debt from Midland Funding that I have paid in full through my employer from a garnishment. I have been informed this week my employer is going to begin another garnishment from Midland Funding for a different amount but is using the same case number from the previous garnishment that has been paid in full.
7 ANSWERS
William A. Siebert
That is one of the reasons you can challenge a garnishment. Bring the notice to the court clerk and ask for the form.
Answered on Mar 05th, 2013 at 9:13 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Generally now.. if it has been paid in full.however I suggest visiting the court to see if it was in fact paid in full.
Answered on Mar 05th, 2013 at 9:11 AM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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No, they need to sue you again if you allegedly owe more under a new account. But I practice in NC, and you live in another state, you should speak to an attorney in your state well versed in collection laws.
Answered on Mar 05th, 2013 at 9:11 AM
No it is not. However unless the judgment was paid in full with all costs. interests and attorney fees, they can go back for a second bite of the apple.
Answered on Mar 04th, 2013 at 10:51 PM
Without seeing the documents you referred to, I suspect the initial garnishment was either expired or defective in some way and they just filed another. You should call counsel for Midland and get an explanation, (which is usually hard to get from collection lawyers). If you have further questions, you should contact a local consumer protection attorney.
Answered on Mar 04th, 2013 at 10:51 PM
Debt Collection Attorney serving Chicago, IL
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Edelman, Combs, Latturner & Goodwin, LLC
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They are entitled to the judgment amount plus costs (including costs for collection proceedings) plus 9% simple interest computed on the balance outstanding from time to time. If they are attempting to collect more than that it is illegal. Whether they are within their rights requires an accounting. Request one in writing. If you do not get one, you may have to file a motion with the court asking it to determine what, if anything , is due.
Answered on Mar 04th, 2013 at 10:45 PM
Family Attorney serving Henderson, NV
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Harris, Yug & Ohlinger
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Usually I'd advise it's a different account, but if it's been paid in full, a motion to quash garnishment & enter satisfaction of judgment would be in order. Double check the math though, sometimes what really happened is the garnishment expired prior to payment in full and they have to renew, now the number is a lesser amount because of the payments applied, first to costs then to interest (which is legally accruing) and then to the principal.
Answered on Mar 04th, 2013 at 10:36 PM