Open Question: Midland Funding states judgment has been granted against me, is this even legal?

10 February 2012, 7:30 pm

I received a letter from Kramer and Frank stating something in regards to judgment being granted against me, however I have no recollection of being sued by this company and no clue who the original creditor is. What gets me is the letter received was stating that the Garnishee is an old bank account that I closed a few years ago. It also stated something to the effect of coming after my assets, it seems they are well aware I am on SSDI. I have tried calling the attorneys on the paper, however the line either goes dead, or runs me through an automated system directly to a voicemail, so I am unable to find out who it is. This also confuses me because almost all of my defaulted debts are beyond kansas statute of limitations. It seems to me like they want to force me to liquidate my assets, however that will be tough as I only have one vehicle and nothing else personally. my computer and other equipment has been purchased by the state of Kansas Voc Rehab while I am trying to get back to working. This letter I received came with a form I could fill out to fight it, stating I must hand deliver it to them, but I live on the other side of the state and cannot drive. If this is beyond statutes, I have been informed by some people to take it to court and file a counter claim. Also, this letter does not state the amount that I owe, no signature anywhere, and stated that it was to be sent certified, almost like they send it out to everyone, but mine was sent regular mail. I know my other choice is to file an affidavit stating my income and that I have nothing to pay with, but I have been in the process of starting a sole proprietorship out of my home and have already registered my EIN, PTIN, and waiting on my EFIN, and I know they can attack a sole proprietorship easily. Has anyone ever had to deal with this company? I know that one thing they do is buy charged off and collections past statutes for pennies on the dollar and they are incorporated in Delaware. I am sure this may be a tough fight.... Read More »

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