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Motion to Object Levy, Court Date Midland Funding



Anthony M

Sub: Motion to Object Levy, Court Date Midland Funding
Sun, 01/07/2012 17:43

Hello All I filled a motion to object, Midland Funding levying my Bank Account. The debt they took far supersedes actual debt owed. I owe $200 for charges I made with a hidden fee credit card. I signed up for a CC with a $350 Credit Line, Nowhere did it say they were charging me $150 for $350 credit. I even paid my first balance off in full of $240. It wasn't until I hit my limit the second time, I learned of the $75 yearly membership fee & 1 Time $75 Fee. And when I begged them to remove these fees, while I awaited there written response cause they couldn't give one during our conversation. Even though in their rules it states not to make a payment while contesting charges. But two day's before I received their response I was hit with a late fee of $32 so now it went from $150 to $182 for $350 credit which really only is $168 credit when you remove what you owe in fees. So I didn't pay, I tried settling with them for the debt I owed but they didn't want to hear it. So now Midland Funding through Pressler & Pressler stole $738 out of my checking account, which was my wifes disability check. So I filed a motion to object the levy, my court date is this tuesday. Any ideas on what I should expect. Or advice on what to say or do?? For all the positive comments from Midland Employees.....Please!!!! This company is a bunch of crooks!!! They called me non stop, Harassed my mother at her work (Home Office) called Florida to my sisters and my fathers in WV. They even started calling for a Steve, who we tried and tried to tell them doesn't live here nor had he ever. I don't even have a friend named steve.. But they called and called and called. I have no problem paying for the charges I owe, but I'll be damned if a company is going to use hidden fees to lock me into a never ending fee after fee after fee. So what do you do?? Send them the money you owe just to have them hit you with more fees still ruining your credit. Thanks for any and all help. Hope everything works out for everyone.



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usernameislame
usernameislame
Posts: 70
Credits: 1239.65

Sub: #1 You need to prepare bank statements showing all the disability dSun, 07/01/2012 - 17:43



You need to prepare bank statements showing all the disability deposits that went into that bank account and bring those to court. If you can show they were exempt from levy the courts will order they are returned. If you cannot prove they are exempt, NJ allows a $1k exemption which you could exercise and have the levy returned.


SOAPLADY
SOAPLADY


Debt Samaritan
Posts: 17124
Credits: 402718.08314284

Sub: #2 Who was the credit card company?? Sounds like one of those highSun, 07/01/2012 - 11:26



Who was the credit card company?? Sounds like one of those high risk cards with high fees. Did you read ALL of the card holder agreement??

Somewhere along the line you have been sued and when you are sued, you are charged the court and legal fees which will significantly increase your balance.

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http://www.debtconsolidationcare.com...allenders.html
PDL's are ILLEGAL in the following states...
AR, AZ, CT, GA, ME, MD, MA, NJ, NY, NC, PA, VT AND DC
OH AND NH have very restrictive low cost interest rate laws.

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skydivr7673
skydivr7673


Posts: 2004
Credits: 57945.928055714

Sub: #3 Quote:Hello All I filled a motion to object, Midland Funding levSun, 07/01/2012 - 11:15



Quote:
Hello All I filled a motion to object, Midland Funding levying my Bank Account. The debt they took far supersedes actual debt owed.


hang on a second--in order to legally levy your bank account, they would have already had to win a judgment against you in court. Did that happen? If it did, then there is already a judgment amount that they were awarded by the court, and they cannot collect any amount outside of what was authorized by the court. There will usually be interest added to the amount, but at a rate specified by the court.

If you did not ever get a summons, or if you were never notified of any court case against you until your bank account was levied, then let me know ASAP as they have broken laws and there is a way to handle that.
Quote:

I owe $200 for charges I made with a hidden fee credit card. I signed up for a CC with a $350 Credit Line, Nowhere did it say they were charging me $150 for $350 credit. I even paid my first balance off in full of $240. It wasn't until I hit my limit the second time, I learned of the $75 yearly membership fee & 1 Time $75 Fee. And when I begged them to remove these fees, while I awaited there written response cause they couldn't give one during our conversation. Even though in their rules it states not to make a payment while contesting charges. But two day's before I received their response I was hit with a late fee of $32 so now it went from $150 to $182 for $350 credit which really only is $168 credit when you remove what you owe in fees.


The original contract would allow such charges. Did they provide an original contract in court? If not, then you could have disputed the amount they claimed you owed. Again, this all comes back to if you were ever served a summons or not.....please let us know!

Quote:
So I didn't pay, I tried settling with them for the debt I owed but they didn't want to hear it. So now Midland Funding through Pressler & Pressler stole $738 out of my checking account, which was my wifes disability check.


What you need to do is provide proof of that. They cannot legally take disability money, and you may be able to make a case with the court--if you can show that the money they took definitely came from her disability and nowhere else, then you may be able to get the court to order that they return the money.

Quote:
They called me non stop, Harassed my mother at her work (Home Office) called Florida to my sisters and my fathers in WV. They even started calling for a Steve, who we tried and tried to tell them doesn't live here nor had he ever. I don't even have a friend named steve.. But they called and called and called. I have no problem paying for the charges I owe, but I'll be damned if a company is going to use hidden fees to lock me into a never ending fee after fee after fee. So what do you do?? Send them the money you owe just to have them hit you with more fees still ruining your credit. Thanks for any and all help. Hope everything works out for everyone.


If they did this within the past 12 months you NEED to consult an attorney ASAP. By contacting third parties once they already had a way to contact you, they have violated the FDCPA and you can sue them for penalties. The maximum penalty is $1000 plus real damages. You can go to www.naca.net and look for a consumer attorney in your area. Many of these attorneys work on contingency, which means you do not pay them their fees, they get their fees paid by the company you sue if you win. If you lose you still do not have to pay them. Definitely check into that....they seem to owe YOU money now because of their actions!


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