Received a letter from an attorney's office out the blue

[jayjay21us]

I've been doing pretty good with my bills for the last couple of years.. The other day, I got a letter from an attorney's office out the blue stating that their client, Midland Credit Management, was providing an offier to pay a $70.00 bill (that's right $70.00!!!) for $35.00. The letter had a spot for client (which listed Midland) and oen spot for the assignee (i'm assuming the original creditor), which was blank..  Nothing is showing on any my reports from Midland..

1. Why would they not cite the original creditor?

2. Why wouldn't Midland have sent a letter before the attorney?

3. Would they really go after $35.00??

4. Does this sound like a scam?

Thanks!

[John060675]

1. Why would they not cite the original creditor?

Send a DV letter to Midland, and send it in a trackable manner with their signature of receipt required.

2. Why wouldn't Midland have sent a letter before the attorney?

This is probably just a bullying tactic to get you to pay the amount.  I have had a few of these come my way the past couple of years.  I truly would not worry about them actually taking you to court for $35, but I would try to get it paid if you do owe it.  Just make sure that there is an agreement that they will not report it to the CRAs if you do pay.

3. Would they really go after $35.00??

Yes.  I have read on this forum of collection agencies going after a lot less than that.  Having said this, I do not think they will sue for such a small amount.

4. Does this sound like a scam?

I would lean towards it not being a scam, but this does not mean to be careful.  Send a DV letter and see what happens.  Good luck.

[Anonymous]

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@jayjay21us wrote:

I've been doing pretty good with my bills for the last couple of years.. The other day, I got a letter from an attorney's office out the blue stating that their client, Midland Credit Management, was providing an offier to pay a $70.00 bill (that's right $70.00!!!) for $35.00. The letter had a spot for client (which listed Midland) and oen spot for the assignee (i'm assuming the original creditor), which was blank..  Nothing is showing on any my reports from Midland..

1. Why would they not cite the original creditor?

2. Why wouldn't Midland have sent a letter before the attorney?

3. Would they really go after $35.00??

4. Does this sound like a scam?

Thanks!

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Did the letter from the attorney include a statement that this was an attempt to collect a debt?

Has Midland previously sent you a dunning letter for this alleged $70 debt? If not, I'd be expecting a dunning letter within 5 days, or I'd be looking to sue. Per the FDCPA:

§ 809. Validation of debts

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing—

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.