Midland Funding Hate!!!

[rios138]

So in April I sent a Debt Validation through a credit bureau to Midland because I did not know what an entry from them was for approximately $2500.  I never heard anything back from them, but they updated my account from showing a dollar amount to just being "no status".  I planned on further pursuing this to see what that exactly was standing for and what if any debt I truely owed.  Fast forward to last night, and I check my mail to see a summons from lawyers they hired for the beginning of August for $1742.97 + costs. 

Confused I called Midland this morning to question it and they said that it was for a JC Penny bill that was originally for $1742.97 (had that amount been on the report, I would have known that was what it was for, since I had called JCP a couple of weeks ago to try to pay off and they stated that they sold the account to a colection agency (not midland) a few years ago and I had to go through them.)  Anyways, I tried to explain the situation to Midland, and they refused to talk to me and said I could only talk with the lawyers on the account.  I called the "lawyers office" and explained, and they were like well sucks to be you, but we are retained so we need payment immediately or if you don't pay, we have the summons for August 5th.  They gave me the options in paying in full or 2 payments for $1683.  Or paying off the $1742.97 over 6 or 8 months with no discount.  If I dont go to that they said they will push through court for garnishment (which I know I could in theory just go to court and offer to do a payment play over a longer period of time to avoid that).

Long story short, what do you think I should do???

Thanks in advance for your help.

[DaBears]

Never ever not show up to a summons or court appearance. I would talk to the attorney's and get on a payment plan. That way when you go to court you can tell the judge you're on  payment plan with them and then the judgement won't appear on your credit reports. I would also call the county clerk to see if in face it was filed. 

[llecs]

DVs can only go to CAs, not CRAs (e.g. EQ, etc.). I'd send a DV to Midland. The CRA probably didn't know what to do with that and initiated a dispute and that probably caused it to update.

If I had that, I'd send a DV to Midland. I'd also answer the summons. I'd also check with the court listed in their docs to verify whether or not there is a case on the docket. It might take too much time to get an answer for the DV so I would prepare $$$. You'd want to avoid a judgment by tackling this before that court date otherwise a judgment could appear on your reports if they rule in Midland's favor. They can only get a garnishment if you lose. It might be also possible to get a delay in the court date... If Midland verifies via their answer to your DV and you agree, then offer a PFD. If they don't accept or aren't open to a PFD agreement, then I would pay it off before the court date or accept the payment plan if on a budget...anything to avoid a judgment.

ETA...Chicagoans type faster I guess.

[DaBears]

@ llecs 

[rios138]

The summons was mailed by the Cook County Sherriffs office.  I looked it up on the Cook County Clerk online docket search and it shows up as filed on 7/3/2013 and the alternative summons served (mailed) on 7/12/2013.

Would I still have to go to court if I paid of or was on approved plan before hand.  I cannot afford to take off the day of work right now on 2 weeks notice.  Plus going to downtown Chicago for court is a major pain in the rear.

[DaBears]

You will still need to go to court and let the judge know in person that you either paid in full or on a payment plan. He is the only one that can go forth with the garnishment. I hate going downtown. I do not miss the traffic. I love being a suburbanite now!!!!

[aces33]

Pure douchebags. I paid a debt and they are the only collection on my report and they refuse to remove it or just not report it. The balance is 0 so it'll cost them nothing no matter what you do.

[rios138]

Ugh... I guess I'll have to try to see if I can get that day off...  Boss is not gonna be happy.

[DaBears]

Nothing he can do about unless he wants to argue with a judge. I stay out in DuPage CO now. I would never move back to crook county. Judges there are mean and smelly 

[rios138]

I wish this would have happened like a day or two earlier.  I just paid ahead early on a bunch of bills and the car payment.  I would have had the cash, now I don't think I will in time.  I am also debating on if its worth doing a cash advance to get the 15% pay it now discount.