@AlphaKenny wrote:Hello All,
First time posting, but I have been reading for quite some time. I'm looking for any advice anyone can give me on my credit situation.
I have 4 accounts in collections, all owned by Midland. To my understanding, 2 of the 4 are past the SOL. I am located in California. Here's the breakdown of the 4 original accounts and DOFD.
Chase - April 2010
Chase/Best Buy - April 2010
OneMain - March 2011
CitiBank - April 2011
Here's where it gets tricky for me. I have been keeping an eye out on my local case information and Midland filed a summons against me 9/20/13. Apparently they couldn't serve me and they requested dismissal w/o prejudice 2/18/14.
My main question(s) is, would that case be for 1 of the collection accounts or all 4? Also, how can I tell which one it is, so I can determine if it is past the SOL? I'm sure they will come back at some point, but I would like some advice on what my next steps could/should be. Thank you in advance.
PS- All 4 Midland accounts and the 4 OC's are reporting approx. the same amount, so I know which accounts they are for, but I can't tell on the court website which one (or is it all 4?) they tried to sue me for.
Here is CA SOL on open accounts
Open Acct.: Reduced to writing-4
Open Acct.: No writing-2
Looks like 2 are past SOL as it runs from DoFD, personally I would just lay low and watch the court for futher filings until the SOL expires on the 2 remaining, if they were to file on all 4 you can assert the SOL on the 2 that are past it.
Welcome to the board 
@AlphaKenny wrote:
Thank you so much for the insight. Can they lump all 4 in to one lawsuit? Or do they have to file in the courts with 4 separate lawsuits? I'm just trying to get an idea of which account(s) they filed and dismissed on.
Sure they could lump all 4 into 1, however this would most likely depend on whether they own the debt or not, if they are just acting as CA for the OC then the OC typically has to authorize the suit and I would suspect individual filings then.
@AlphaKenny wrote:All 4 OC's accounts are CO, so Midland does own all 4. If they do lump all 4 together in one lawsuit, can't I get them for suing past the SOL on those 2 that are past the SOL? I think as of Jan. 2014 they can't do that. Maybe thats why they dismissed w/o prejudice before serving me? They might have to take out those 2 accounts that are past SOL out of the lawsuit.
If they were to sue for all 4 now and actually succeed in serving you then in your response to the court you would assert the SOL on the 2 that are past SOL. If they do this to you I would suggest you get competent legal counsel before submitting the response. I dont think Midland will make the mistake of including the 2 past SOL but stranger things have happened. You cant get them for it as they can sue past SOL and its your job to assert the SOL as a defense. You could be right that they had to dismiss due to SOL on 2 of them approaching and you unserved. As I said I wouls just watch the court filings and lay low.