Falling behind on debt repayments can be a stressful time, and now you are facing a Midland Funding Garnishment. Whether you’ve recently lost a job, had unexpected medical expenses, or had an uptick in your month-to-month living expenses, even small changes in your financial state can create difficulty in debt payments. In some extreme cases, this can lead to wage garnishment — something creditors can do in order to force you to pay some of your debt.
Wage garnishment can be debilitating. But what does it actually look like? How much can they take from your paycheck? Is there anything you can do to stop it? Knowing the answers to these questions can help ensure you are prepared for wage garnishment and can help protect yourself.
What Is Midland Funding?
If you have received calls from (877) 653-4161 or received letters from PO box 340 Waite Park MN, 56387-0340, you are being contacted by Midland Funding LLC. With the ever-present scam calls we seem to receive daily, it can be hard to trust someone on the end of the other line telling you that you owe them money — especially if it is a company you have never heard of before.
However, you don’t have to know about Midland Funding for them to know about you. In fact, Midland Funding has made a business out of purchasing debts from other creditors and then pursuing their debtors. Oftentimes this doesn’t happen until you have missed multiple payments in a row and your account has gone into delinquency. After your original creditor has attempted to collect payments on your debt, they may decide to sell your debt at a discount in order to minimize their monetary losses.
Midland Funding would then buy the debt and take over debt collection efforts. Because Midland Funding has created a business around collecting on other creditors’ debts, they have loads of experience in effectively getting payments. Sometimes this is done through simple phone calls, sometimes it’s through litigation, and sometimes it’s done through wage garnishment. It’s also good to keep in mind that Midland Funding is known to be extremely litigious, meaning they are very likely to sue in order to collect on your debt.
What is a Garnishment?
Specific wage garnishment laws vary from state to state, but the concept is the same nationwide. Wage garnishment is typically a court-granted order that allows creditors to receive a portion of your paycheck or the money in your bank account in order to pay off the debt you still owe. The garnishment will continue until your debt is fully paid off.
There are two forms of garnishment that you should know about:
- Wage Garnishment: This form of garnishment is where Midland Funding would receive a portion of every paycheck you are given. This means that, before your paycheck is even given to you, part of it will be diverted by your employer to Midland.
- Nonwage Garnishment: If Midland Funding has been granted a nonwage garnishment, they are allowed to tap into your bank account to seize money directly from your accounts.
How Does Midland Funding LLC Get A Wage Garnishment?
It’s important to keep in mind that a wage garnishment is something that has to be granted by a court (in most cases). If Midland Funding has asked you for a portion of your paycheck that you can’t afford, and they don’t have a court order allowing the garnishment, know that you are not required to pay them anything without the court order.
Depending on the type of debt you owe, there is a maximum amount that Midland Funding can garnish. For example, if your debt is from credit cards, medical debts, personal loans, and other consumer debts, the maximum garnishment is 25% of your paycheck. If you owe child support or alimony payments, up to 60% of your paycheck can be garnished. However, if you are supporting other children or spouses, that amount is lowered to 50%. But, if you are more than 12 weeks behind your payments, an additional 5% can be garnished. Finally, up to 15% of your income can be garnished for debts like taxes or federal student loans.
Can You Stop A Garnishment?
There are a couple of things you need to look for when you are facing a wage garnishment. The first thing you need to look for is a legal notification of your wage garnishment. You also will want to look through the information filed to make sure everything is 100% accurate. If there is any information that is even partially off, you can challenge the garnishment.
However, if you are legally notified and all of the information is correct, your options of response diminish. If you don’t have a reason to challenge the garnishment, you can either accept it or attempt to work out a different payment plan with your creditor. We will go over what that might look like later.
What Can You Do If Midland Funding Is Garnishing Your Wage?
Oftentimes, if you are at the point of having your wages garnished, money is already tight. Because of this, garnished wages can make day-to-day living expenses unbearable. As mentioned above, if there is something wrong with the information in the legal documents, or you are not legally notified of the impending wage garnishment, you can challenge the judgment in court. This could potentially reverse the judgment and remove the garnishment.
However, there is another option if you are in desperate need of the garnishment being reversed. In some cases, there is a chance that you can reach a different kind of agreement. If you would like to try and reach a different agreement, you need to reach out to Midland Funding and try talking to a representative. Before calling, however, you need to take inventory of your finances. How much do you owe? What can you afford to pay each month? How long would it take for you to pay off your debt with your leftover income? Knowing this can help you create a new plan for payment. When talking to Midland Funding, be upfront with what you can afford, and you could potentially come to a new agreement.
It is important to be aware that, should you default on your agreed-upon payments, it is likely that they will immediately return back to wage garnishment and would be less likely to consider a modified payment plan.
Remember: You CAN NOT be fired by your employer if you are having your wage garnished by a single entity. However, if there are multiple entities garnishing your wage, that protection is lost.
What Are My Debt Relief Options During Wage Garnishment?
If you are in the middle of having your wages garnished, it can be tough to get back on top of your debts. So what exactly are your options for debt relief? Many forms of debt relief at least cost an initial payment — but if your garnished wages don’t allow for you to make that payment, are you stuck without any debt relief options? The answer is, not necessarily. While the options may be a little unconventional, they are definitely options you should consider.
Here are just a few options:
$0 Down Bankruptcy
While this isn’t available with every bankruptcy attorney, there is an increasing number of law offices that offer a $0 Down Bankruptcy. This option does not mean you won’t pay anything for your bankruptcy, but it does mean you can at least get started with your bankruptcy.
When you file for bankruptcy, all judgments against you will automatically be halted — including your wage garnishment. This can allow you to get back on top of your debt, and even have some debt forgiven.
This may sound great, but it is important to realize a few things. First of all, just because your attorney isn’t charging you upfront doesn’t mean there won’t be upfront payments required. There is a filing fee attached to each chapter of bankruptcy. There is a chance that you can have this fee waived if your income is below a certain level. You can also opt to pay the fee in installments. This allows you to break up the cost.
Second, a $0 down bankruptcy won’t be free. Attorneys know that upfront costs can be a barrier to entry. So, in response, the $0 down bankruptcy was created. This allows anyone who needs to file for bankruptcy to have the option to do so. However, while there isn’t a charge upfront, there will definitely be charges down the line. The offset cost may be worked into your monthly repayment costs if you are filing for Chapter 13. If you are filing for Chapter 7, a payment plan may be set up which could either start in the middle of your case or once your case is discharged.
While it may be unconventional, you could consider selling some of your assets in order to pay off your debt and stop your wage garnishment. For instance, if you purchased a car and can no longer afford the payments, consider selling the same car to pay off the balance. Alternatively, if you need to keep your car, you can consider selling other assets you own to pay off the car.
Though this method may not work for every situation, it can be something worth considering, especially if you just need something that will help you cover payments for a period of time.
Finally, you may want to consider enlisting the help of legal aid. Working with someone who knows the ins and outs of the system could help you find ways out of wage garnishment without any extreme measures. This may require upfront payments, but if you believe you are being unfairly treated in any way, it may be worth it to have legal aid looking over your case.
Wage garnishments can be tricky to work around. If you’re already living paycheck to paycheck, having any funds taken away can be dire. Midland Funding is typically quick to file lawsuits, and they have the time and money to spend making sure they win. Looking for ways to work with Midland Funding outside of wage garnishment can help you keep your paycheck in your pockets and put you back in control of your finances.