topic Midland Credit Management in Rebuilding Your Credit

Midland Credit Management

Anonymous — Thu, 21 Oct 2010 13:33:18 GMT

They are threatening me for a judgment 2004 phonee bill saying my wages will be garnish.

Re: Midland Credit Management

Anonymous — Thu, 21 Oct 2010 18:40:27 GMT

@Anonymous wrote:

They are threatening me for a judgment 2004 phonee bill saying my wages will be garnish.

Hi Chamire!

Do you already have a judgment against you? Were you served? IF you were served, did you show up in court? Is this listed as a judgment on your credit reports?

OR,

Is Midland telling you that they WILL seek a judgment against you, and then garnish your wages? Has the SOL expired for this debt?

Midland Credit Management: I Have Questions Please

Anonymous — Tue, 02 Nov 2010 19:41:58 GMT

I was served last year by MCM and took me to court. Prior to me going to court but after being served, I called them twice and got nowhere. So I mailed them a disclosure statement requesting info on the account. Then I sent both the court and the lawfirm agency a denial form notarized and both received it (according to my delivery receipt). Then a few weeks later the lawfirm agency mailed me to let me know they didn't get my response. Then a few weeks more they mailed me another letter confirming court date and asking if I wanted to settle instead. At this point I still have no information on the account they were taking me to court so I figured at court they can show me the information. Well I went to court and they never showed and the case was dismissed which I have the paperwork. My question is, shouldn't this be off my credit report since I disputed this account and they never provided me the information even at court? It's currently being reported still a year later as: Account in Collections. Please advise. Thanks.

Re: Midland Credit Management

RobertEG — Wed, 03 Nov 2010 02:09:50 GMT

There are three basic ways to get infromation from a debt collector.

One way it to send them a timely debt verification letter under FDCPA 809(b). However, debt validtion under the statute extends only to identifircation of the name and address of the original creditor, the current amount of the asserted debt, and possibly a detailing of charges under the current debt.

The other way is to dispute the accuracy of the information itself, under the CR dispute process of either FCRA 611(a) of 623(a)(8).

The third, and most comprehensive, way is, after legal action has been filed against you, to request the information through the court discovery process.

If you have no pending legal action against you now, you cant rely on the power of the court to compel disclosure.

So, that basically leaves you with thedispute or DV process. Response to a DV letter is not compulsaory, and is not grounds for asserting CR removal.

Re: Midland Credit Management

gdtobefree — Wed, 03 Nov 2010 16:47:41 GMT

The first thing you should do is check the RCP (Rules for civil procedure) in your area.

Second thing to check is if they can obtain a garnishment without judicial process. Some states require a court hearing in order to obtain a ganishment.

Did they serve you again or is this just a letter?

The reason why they didn't show in court was probably they have nothing to prove they either owned the debt, or purchased the debt.

And that is also the reason you did not recieve anything back from them the first time.

Do you have solid evidence that they re-aged the account?

Any time you are sued or served paper you are LEGALLY entitled to ANY and ALL information the suing party has through discovery, the opposing party has to show you their cards before you can play the game.

Let me guess, with a copy of your first summons was an affidavit by someone claiming to have "personal Knowledge" of how Midland or MCM handles their accounts, and just so happned that person also was employeed by MC or Midland?

That is a bogus affidavit, NO employee can have PERSONAL knowledge if a companies business transactions let alone personla knowledge of an account you held with someone else!

Re: Midland Credit Management

Anonymous — Wed, 03 Nov 2010 17:57:53 GMT

No i was never served becaiuse they sent it to a old address i dont live at . The judgement is not showing on my report. They have a attorny in miami working my case. Yhis verizon wireless bill was from 2004, i called verizon wireless and the secong phone line which was my boyfriend was never paid( i learned my lesson). They are asking for 1800.00 dollars.

Re: Midland Credit Management

Anonymous — Sat, 06 Nov 2010 15:18:17 GMT

Thats a good question i am going to call verizon to see when was this debt created. I really believe this is a reage account.

Re: Midland Credit Management

Anonymous — Mon, 20 Jun 2011 17:09:44 GMT

No , i was never served . I just received paper work showing their lawyer and debt amout(which is so high now).