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Man v Midland

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Anonymous
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Man v Midland

Hey guys, I could defintely use some advice here. I'll try to keep it short and simple.

 

I currently have 3 different collections all owned by midland cedit management.

 

The first original creditor was GE money bank (which is think is called synbc now?) anyways, the amount was about 5 grand, and the last payment I made on that card was June 1st, 2012 according to credit karma.

The second original creditor was Barclay, it's about 1 grand and according to credit karma my last payment on that card was june 4th, 2012.

The third original creditor was citibank, it's also about a grand. I don't know the last date of my last payment because this citi card doesn't even show up on my credit karma credit report.

 

I'm just here for some advice and clarification. Researching on the internet shows that the statute of limitations in florida is 5 years.

 

I think the deal they were trying to cut me in the last letter they sent was like ~4k to completely settle everything.

 

I'm worried to try debt validation as I don't want to poke the bear.

 

I eventually want to buy a house in a few years.

 

What exactly does the statute of limitations do for me? If Midland does decide to take me to court would that be heard somewhere local to me?

 

My car is very recently paid off, and I do have the option of putting it up against a loan to pay the collections.

 

any and all advice and input is greatly appreciated.

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2 REPLIES 2
RobertEG
Legendary Contributor

Re: Man v Midland

A couple of observations regarding debt validation.

First, a DV under the FDCPA imposes no requriments if sent later than 30 days after receipt of dunning notice.

Assuming they send dunning notice more than 30 days ago, a DV would now be untimely.

Second, you seem ot ackknowledge the legitimacy of the debt, and associate each with a known OC.  They can likely do the same, and thus verification would seem routine.

 

As for statute of limitations, the SOL would the that of the state where the court resides, as a court must abide by the SOL of their respective state.

A debt collector will usually bring any civil action in the state of current residency of the consumer, but has the express right under the FDCPA to optionally bring civil action int the state where the contract creating the debt was executed.  Did you establish any of the accounts in a differenet state?

 

Expiration of SOL means they can no longer obtain a judgment in that state.

 

Message 2 of 3
RonM21
Valued Contributor

Re: Man v Midland

I think it is a good move to try and pay these at he least, just so that they don't show up down the road. You can get rid of them for good.


Total CL: $321.7kUTL: 2%AAoA: 7.0yrsBaddies: 0Other: Lease, Loan, *No Mortgage, All Inq's from Jun '20 Car Shopping

BoA-55k | NFCU-45k | AMEX-42k | DISC-40.6k | PENFED-38.4k | LOWES-35k | ALLIANT-25k | CITI-15.7k | BARCLAYS-15k | CHASE-10k

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