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trick95
Posts: 14
Registered: ‎02-04-2014
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Got Midlands Attention

At the begining of the year, I started to work on my credit.  My main focus is Midland right now.  For a few years it just sat on my credit report.  Now that I havbe pushed their buttons, they are fighting back.  The original debt is out of SOL and they have even acknowledge this on their letters.  I now have an attorney involved and has sent a demand letter to them as they are reporting a "balance" still due.  I guess in FLorida, you cant do that once the SOL has passed.

 

What Midland is doing now is reporting multiple times per month.  Can they do this?  It seems now that I got them upset and they are purposely sabataging my credit now.  I send my attorney all the paperwork when I recieve it, but was just looking for others point of view.

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Shogun
Posts: 12,952
Registered: ‎04-15-2011
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Re: Got Midlands Attention

By my quick research, yes, they can still report a balance.  They are just time barred from taking you to court and get a judgment.  It doesn't mean the debt is uncollectable, just that they can't use the courts to get it.


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Member
trick95
Posts: 14
Registered: ‎02-04-2014
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Re: Got Midlands Attention

[ Edited ]

To me, it seems like a form of harassment.  If they are reporting every two weeks on my credit reports, to me, thats just like calling all time.  Just another pressure tactic.  But, if I were to pay them, they are not even giving me 30 days to make a payment and have current report.  There is really no reason to keep reporting every two weeks other than just to put pressure on me to pay this old debt.

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navistar
Posts: 186
Registered: ‎03-08-2014
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Re: Got Midlands Attention

thats exactly what they are doing. pressuring you. you have a lawyer, what does he/she think?

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trick95
Posts: 14
Registered: ‎02-04-2014
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Re: Got Midlands Attention


navistar wrote:

thats exactly what they are doing. pressuring you. you have a lawyer, what does he/she think?


  She is mostly concerened about the fact that it is still showing a balance after the SOL.  I know for the most part, they can still do that, but her paperwork was quoting Florida laws...so there must be something there they are doing wrong.

  I havent asked her about the multiple reports as I have just started seeing this at the begining of the month.  I though two was unusual, but I let that go.  Now they have reported 3 times this month, so I will call my Attorney and see what she thinks.

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Shogun
Posts: 12,952
Registered: ‎04-15-2011
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Re: Got Midlands Attention

I'm no attorney, and I'm glad that you have consulted one, but I've looked all through the SOL laws concerning debt in Florida and I see absolutely nothing about removing the balance after the SOL has run out.  They are two different subjects.  All the SOL mandates is the time period in which they can file suit and get a judgement.  It does not say that there is still no debt to be collected, therefore they may still show a balance.

 

Is your attorney a Consumer attorney that specializes in this area?


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trick95
Posts: 14
Registered: ‎02-04-2014
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Re: Got Midlands Attention


Shogun wrote:

I'm no attorney, and I'm glad that you have consulted one, but I've looked all through the SOL laws concerning debt in Florida and I see absolutely nothing about removing the balance after the SOL has run out.  They are two different subjects.  All the SOL mandates is the time period in which they can file suit and get a judgement.  It does not say that there is still no debt to be collected, therefore they may still show a balance.

 

Is your attorney a Consumer attorney that specializes in this area?


She claims she is an attorney, so I really hope so.  At least its nothing out of my pocket if she loses..lol

 

I really dont know what angle she is taking this on with, but I would think (assume) she knows what she is doing and not just wasting her own time. 

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Pigeyex
Posts: 247
Registered: ‎01-23-2013
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Re: Got Midlands Attention


navistar wrote:

thats exactly what they are doing. pressuring you. you have a lawyer, what does he/she think?


If she thinks that an expired SOL means they have to report a $0.00 balance, I'm not sure I'd be turning to her for ANY further advice.

 

I sell RADIO ADVERTISING for a living, and I know that NOT to be true.  It's as the others say above -- still a balance, but they just can't pursue you legally to collect the debt anymore, including calling you or mailing you.

Member
trick95
Posts: 14
Registered: ‎02-04-2014
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Re: Got Midlands Attention


Pigeyex wrote:

navistar wrote:

thats exactly what they are doing. pressuring you. you have a lawyer, what does he/she think?


If she thinks that an expired SOL means they have to report a $0.00 balance, I'm not sure I'd be turning to her for ANY further advice.

 

I sell RADIO ADVERTISING for a living, and I know that NOT to be true.  It's as the others say above -- still a balance, but they just can't pursue you legally to collect the debt anymore, including calling you or mailing you.


Ok, I just read her demand letter a little closer.  The $0 balance was part of the settlement offer.  she is actually stating that they are in violation because they are still sending me letters and calling after the SOL.  The letters that they send even acknowledge that they cannot sue me.

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Shogun
Posts: 12,952
Registered: ‎04-15-2011
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Re: Got Midlands Attention

Unless you have sent them a formal cease and desist letter, they are well within their right to contact you about the debt.  The passing of the SOL doesn't mean they can't collect, just that they can't sue.  They've already acknowledged that.  I don't see where any legal  recourse is in this debt.


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