Why Is Holloway & Moxley (Moxley & Associates Now) Calling And Writing Me?


holloway & moxley

Who is Moxley & Associates (formerly Holloway & Moxley) and why are they contacting me?

Moxley & Associates (used to be Holloway & Moxley) is a Montgomery, Alabama, collection law-firm.  If you are receiving calls and letters from them, it probably means you are either about to be, or already have been, sued by one of their clients, probably Midland Funding.

This law firm files hundreds of suits for Midland Funding (and other companies) every month.

If you are getting contacted by the Moxley firm — take it very seriously as you are most likely about to get sued.

So many folks ignore letters from collection lawyers like this — that is a bad move.  These guys file so many lawsuits all across the state.  They really represent the companies they sue for.  The lawyers will show up to trial.  Treat this very seriously as they know what they are doing.

Don’t let a default judgment happen to you.  Instead — take action.

Learn your 5 options when you are sued by a debt buyer like Midland Funding

Here are your five options:

  1. File bankruptcy — not many need to do this but you can consider it;
  2. Fight Midland on your own without hiring a lawyer — this can be a good choice;
  3. Settle with Moxley & Associates on your own — we can tell you the approximate amount of money this will take and the advantages and disadvantages of doing this;
  4. Hire us to fight Midland in court with the objective to win
  5. Hire us to settle with Midland

We go over these in detail in a video/transcript — Your Five Options When Sued By A Debt Buyer

Critical thing is to make something happen — take some action!

“What about before a suit is filed — what should I do with Moxley?”

Review what we have said about talking with collectors and sending letters to collectors.

Bottom line is you are trying to gain information from debt collectors so you can make an educated decision on what to do next.

“If I have questions, how can I get help?”

Call us at 205-879-2447 or click on the button below and we’ll be glad to get with you right away.

Discover your options now!

Looking forward to chatting with you.

John Watts


10 Comments

  1. Cathy says:

    Holloway & Moxley has filed a suit. I received the Complaint today, 2/26/15. It is an assigned debt to Midland Funding by G E Money. In the Complaint, it states that the debt was charged off in 2010 and G E Money assigned the debt to Midland. Doesn’t that mean that I don’t have a contract with Midland, and the statute of limitations has expired? Please help me!

    • John Watts says:

      Cathy,

      The key question when a debt buyer, such as Midland Funding, sues you is “Can Midland prove it OWNS the debt?”

      In my experience, the answer is normally “No.”

      If it does own the debt, then to answer your first question, Midland does not have to have a contract with you because it bought the contract that was between you and GE.

      The suit has been brought more than 3 years since you stopped paying so I feel this is beyond the statute of limitations (SOL)– Midland will argue it is 6 years for what they sued you for.

      Bottom line is you never get to the SOL if Midland does not own the debt.

      Here are two resources for you:

      In depth article and comments on the SOL

      5 options you have when sued

      Take a look at these and call my firm at 205-879-2447 when you are ready for us to help you. Remember you have 14 days to answer in small claims or district court and 30 days if you were sued in circuit court. The time starts when you were served so you are probably coming up on this deadline fairly quickly.

      We have represented hundreds of consumers who have been sued by Midland — and we have filed dozens and dozens of lawsuits in federal court against Midland — so be glad to chat with you. Call 205-879-2447 and ask to speak to Carolyn and she’ll set us up a time to talk ASAP.

      Thanks

      John Watts

  2. Kira Zeigler says:

    Today I was in court with Moxely when I told him about my hardship he didn’t care. He told me an amount that I knew I couldn’t afford and I tried to get it lowered the judge favored with him. Now I will have to get behind on school payments and not attend no semester. They don’t work with you and as long as they get their money you could get kicked out your place they don’t care. For the next 4-5 months I don’t know what I’m going to do.
    But the way he did me in court was wrong and I left in tears. I hope things get better for you on the inside because god sees all your wrong doing.

    • John Watts says:

      Sorry you had a bad experience Kira.

      Are you saying the judge entered a judgment against you today or did you go in front of judge to try to exempt funds from a garnishment?

      Sorry you had a bad experience — if you feel they were unfair to you then you might want to talk directly with the lawfirm (I don’t know who you actually met with in court) or I’ll be glad to chat with you to see your options.

      John Watts
      205-879-2447

  3. Kristy says:

    Hello I am being sued by Holliday, Moxley and associates for Midland funding. They have Already taken almost $2,000.00 out of my checking account. I received something 2 weeks ago for another court date hearing. I did not have the entire amount that they were suing me for in my bank account. Just wondering what will happen at the next court date. I would love to set up a payment plan with them or maybe if pay the amount I owe them off. I have been divorced for almost 6 years and I live on my income. Please any help or suggestions would be great. Thanks!!!!

    • John Watts says:

      Kristy,

      We will be happy to help you understand your options — call us at 205-879-2447 and ask for Carolyn.

      If you have a payment plan with them, then the court date may be just to update the court.

      Or if they have a judgment against you, this may be to take more drastic action against you.

      I’m guessing they have a judgment against you which is why they have taken money from your bank account (garnishment).

      Whatever your situation is we can help you figure out the best course of action for you to take.

      205-879-2447 and ask for Carolyn — she’ll look up your case. So make sure you have the case number and the name you were sued under and what county you were sued in.

      Thanks and talk to you soon!

      John Watts

  4. Harley says:

    Yesterday i had Moxley debit my bank account for $1800, i didn’t have the total amount in my account. My bank said they can release my funds back to me if the law office calls and gives them permission. Is this a scare tactic to make me pay? i haven’t been served with anything, received a phone call or even a letter in the mail. what should i do?

    • John Watts says:

      If they hit your account it sounds like a garnishment.

      Which means they must have a judgment against you. Do you know about any judgment?

      If you are unclear about this call my office at 205-879-2447 and ask for Carolyn — she’ll look up and see if any lawsuits and judgments against you. Just give her your full name and if you have any prior names give her those.

      It could be you were sued and did not know about it and the court mistakenly thought you were served. Or it may be that this is a valid judgment from years ago that they are just now collecting on.

      If a valid judgment, you will need to work it out with them.

      But we can go over your options and then you choose the best course of action for you.

      Talk to you soon

      John Watts

  5. annoyed says:

    sooo… I take it that midland loves playing scare tactics… buying a charged off debt, then they not only open a new credit account in your name without permission, but set up a robocall system to harass you with calls numerous times a day, and threaten forever that they MAY send it to a law office…. and then when they do, they send it through the mail… listed under the same original account number but get this… they also DOUBLE,yes I said double it by making it the same thing under 2 different firm account numbers??? Hmmm and you call yourselves helpful… If helpful means helping yourself to other people’s bank accounts because they fell on bad luck and make it worse… then yes… that is VERY helpful…. I have to admit… I do love the dual notice with two different file numbers for the same account.. if the mail hadn’t delivered them both today, I might not have noticed the “extra” firm account number.
    I knew I should have gotten back in touch with the lawyer who wanted to sue the hell out of them for fraudulent practices… Maybe I need to look him back up and see what he has to say about the two letters I received today…probably be more helpful than you…

    • John Watts says:

      I understand you are annoyed — but I do want to make sure you know that my firms is NOT Moxley & Associates. This is an article about that collection lawfirm.

      Do keep in mind Moxley does not buy debt — he is the lawyer for Midland and he sues on Midland’s behalf. When a judgment happens, then Moxley garnishes.

      So if you have been sued, you must handle this so there is no judgment.

      If you have not been sued, then either talk to Moxley or with a lawyer (sounds like you have one) about your options and any concerns over duplicate accounts, two file numbers, etc.

      Best wishes

      John Watts

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