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I had my wages garnished by a company called Midland Credit. I didn't know who they were or what is was for so I filed for a motion to vacate. I got a letter in the mail from the judge saying that the motion was granted. My question is how do I get the money back that they took out of my checks? Do I need to file another motion or does it happen automatically? Thanks
You don't have any contact info from Midland Credit? Your H.R. department (I assume they're the ones who processed the garnishment) had no info either?
They garnished your wages without any warning at all?
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Did the judge only grant the motion? And you have an upcoming court date? Or, did the judge actually grant to vacate?
If the judge only 'granted the motion' then it isn't vacated yet.
If the motion was granted, you've been to court after that and the judge actually granted to vacate , then the court has probably given a copy of it to Midland.
You can always follow it up yourself by making a copy of the vacate order that the court has given you and send it, along with a cover letter explaining that the judgment was vacated, list out each amount that had already been taken, and ask that they refund those amounts - send it to both Midland and to their lawyer. If Midland doesn't comply then you'd have to go back to court and have the judge make them comply.
Also, order copies of your credit reports and have them mailed to you. If the judgment is on them then make copies of the letter you received from the court and send those to the CRA's, along with a cover letter asking for removal of the judgment from your reports.
If 'only the motion was granted' then you'll have to wait until your court date and for the judge to grant to vacate. If when you filed the motion to have it vacated, if you didn't also file a motion to stay execution of writ of garnishment, which was 'also' granted by the judge, then they may continue to garnish until the judge actually grants the vacate.
One other thing you need to be aware of...if it was vacated on a technicality that can be corrected, and there is nothing that the judge says about them not being able to file suit again, then they might re-file the suit. They might not, but there could be the possibility that they may.
You don't have any contact info from Midland Credit? Your H.R. department (I assume they're the ones who processed the garnishment) had no info either?
They garnished your wages without any warning at all?
Did the judge only grant the motion? And you have an upcoming court date? Or, did the judge actually grant to vacate?
If the judge only 'granted the motion' then it isn't vacated yet.
If the motion was granted, you've been to court after that and the judge actually granted to vacate , then the court has probably given a copy of it to Midland.
You can always follow it up yourself by making a copy of the vacate order that the court has given you and send it, along with a cover letter explaining that the judgment was vacated, list out each amount that had already been taken, and ask that they refund those amounts - send it to both Midland and to their lawyer. If Midland doesn't comply then you'd have to go back to court and have the judge make them comply.
Also, order copies of your credit reports and have them mailed to you. If the judgment is on them then make copies of the letter you received from the court and send those to the CRA's, along with a cover letter asking for removal of the judgment from your reports.
If 'only the motion was granted' then you'll have to wait until your court date and for the judge to grant to vacate. If when you filed the motion to have it vacated, if you didn't also file a motion to stay execution of writ of garnishment, which was 'also' granted by the judge, then they may continue to garnish until the judge actually grants the vacate.
One other thing you need to be aware of...if it was vacated on a technicality that can be corrected, and there is nothing that the judge says about them not being able to file suit again, then they might re-file the suit. They might not, but there could be the possibility that they may.
Thanks for the reply. My motion was granted cause "the venue was improper in this case". Basically they filed the judgment in the wrong court.
I spoke with their attorney and he said that they are file a motion against that ruling since they didn't have enough time to respond. I'll know more info in a couple of days. He tried to offer to settle but I explained to him that I won't settle on a debt that I never owed.
Midland credit is a company that buys old debt from companies
Thanks for the reply. My motion was granted cause "the venue was improper in this case". Basically they filed the judgment in the wrong court.
I spoke with their attorney and he said that they are file a motion against that ruling since they didn't have enough time to respond. I'll know more info in a couple of days. He tried to offer to settle but I explained to him that I won't settle on a debt that I never owed.
Midland credit is a company that buys old debt from companies
Honestly, I'm really confused/surprised by all this. I've never had my wages garnished, but I always assumed it was a rather long, drawn-out process, and could only be done for certain kinds of debts (e.g. overdue child support, IRS charges). Their attorney couldn't give you any other info (e.g. where the debt came from, who the original creditor was)?
Honestly, I'm really confused/surprised by all this. I've never had my wages garnished, but I always assumed it was a rather long, drawn-out process, and could only be done for certain kinds of debts (e.g. overdue child support, IRS charges). Their attorney couldn't give you any other info (e.g. where the debt came from, who the original creditor was)?
It's been a long drawn out process. I've been dealing with this issue since 2012. Every attorney I tried to get wanted $1000 upfront to fight the case and I didn't have the money since my wages were being garnished. Their attorney said that is for an old banc one credit card but I told him that I never had a banc one credit card.
The payments were fulfilled in November 2013 then 3 weeks ago they started garnishing my wages again for interest. That's when I filed for the 2nd motion to vacate ( first one was denied). I noticed that my old address was in Green ohio not the city of Akron where they filed the judgement. That's why my motion was granted.
It's been a long drawn out process. I've been dealing with this issue since 2012. Every attorney I tried to get wanted $1000 upfront to fight the case and I didn't have the money since my wages were being garnished. Their attorney said that is for an old banc one credit card but I told him that I never had a banc one credit card.
The payments were fulfilled in November 2013 then 3 weeks ago they started garnishing my wages again for interest. That's when I filed for the 2nd motion to vacate ( first one was denied). I noticed that my old address was in Green ohio not the city of Akron where they filed the judgement. That's why my motion was granted.
Hmmm. From what you wrote in the OP, it sounded like your wages were garnished completely out of the blue and you had absolutely no idea why. Now you say "the payments were fulfilled in November 2013," which implies that you DO know why, and you thought you had paid the bill as of November 2013, but now they are coming after your for interest. I don't mean to be harsh (sounds like you are going through something really crappy), but those are two different stories.
Credit cards often change companies (e.g. my Bank of America MasterCard was sold to Barclay's), so maybe Banc One used to be something else? (Actually, from googling, I saw that they were associated with First USA, which is now Chase -- I know only because I've had one of their cards since the early '90s and it has changed names more than once.) But again, if you were paying through November 2013, seems like you knew SOMETHING about who the creditor was?
If you won the most recent motion based simply on a technicality, then it's likely that as soon as they file in the correct court, you'll be on the hook again. If you truly have no idea who the creditor is/was, as it sounded like from what you told their lawyer ("I won't settle on a debt I never owed"), then it seems like this should have been thrown out a long time ago. I don't think garnishments are that easy (unless Ohio is an exception) -- they would had to have proven that it WAS your debt.
Again, I don't mean to be harsh or judgmental ... what you are saying just seems really odd.
It's been a long drawn out process. I've been dealing with this issue since 2012. Every attorney I tried to get wanted $1000 upfront to fight the case and I didn't have the money since my wages were being garnished. Their attorney said that is for an old banc one credit card but I told him that I never had a banc one credit card.
The payments were fulfilled in November 2013 then 3 weeks ago they started garnishing my wages again for interest. That's when I filed for the 2nd motion to vacate ( first one was denied). I noticed that my old address was in Green ohio not the city of Akron where they filed the judgement. That's why my motion was granted.
To be frank, from a Marylander's perspective, it appears the judge who signed the Motion to Vacate made an error. But since I don't practice in law in Ohio ... <shrug>
I am curious, however. Did your Motion to Vacate ask the court to vacate the original judgment or the petition/request for a wage garnishment?
Check out debtorboard on line. Has a lot about Midland Credit, statute of limitations, fighting collections.
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