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How old is this debt? Has the SOL run out?
That was my question too. Check your state law for SOL and see if they can even collect if the debt is within those SOL. I have them on my credit report for 3 items, but my SOL is 5 years, my debts are 6 years old so theres nothin they can do.
It looks like it was December 2009, so I'm still in SOL.
I ended up communicating more with the attorneys.
The best comprimise I could get from them was: Pay 85% of total (in 2 payments over 2 months). They will consider the debt paid, they will put in for a dismissal without prejudice before the court date after they clear first payment and I sign a "stipulation agreement" over the 2 payment settlement.
I think thats the best I could do in the situation of a pending court case on August 5th on a debt that is mine and in the SOL. I just hate Midland with how they sent me to a lawyer instead of answering the debt validation. I didn't know who this debt was from until I recieved a summons
Well although money will be very tight for a couple months, atleast it is one more satisfied debt to put behind me.
Word of advise, never send a DV within the SOL of your state. You can open a whole can of worms. The only time that would be safe if you know for a fact the debt is not yours then you can file a fraud affidavit with the FTC.
@rios138 wrote:I ended up communicating more with the attorneys.
The best comprimise I could get from them was: Pay 85% of total (in 2 payments over 2 months). They will consider the debt paid, they will put in for a dismissal without prejudice before the court date after they clear first payment and I sign a "stipulation agreement" over the 2 payment settlement.
I think thats the best I could do in the situation of a pending court case on August 5th on a debt that is mine and in the SOL. I just hate Midland with how they sent me to a lawyer instead of answering the debt validation. I didn't know who this debt was from until I recieved a summons
Well although money will be very tight for a couple months, atleast it is one more satisfied debt to put behind me.
You can do this and also file a complaint with the FTC.
They can file suit before they receive your DV but not after. This is a violation of the FDCPA. If this is what they did file the complaint.