topic Re: Okay.. So now I am furious. MCM Call... Help? in Rebuilding Your Credit

Okay.. So now I am furious. MCM Call... Help?

HectorVictorious — Sun, 16 Feb 2014 18:01:32 GMT

So... Midland Credit Management company called me today. They said that I had a debt with Citibank South Dakota that has been unpaid. They said that they were going to report this on my credit report as a collection if I did not settle with them TODAY. This has been a collection that has gone through the court systems and has been a hindrance on my credit report in a myriad ways. I have paid this account in FULL via wage garnishments as of july of last year. does anybody know why they would contact me right now about this, what I can do to stop them from reporting on my credit report or what I can do to have a judgment AND a new collection? I am 100% sure that this is the account because it is the only ever card that I had with Citibank when I was young. What is going on here? This makes my blood boil.

Legal Item filed on Aug, 2010

Type [?]Court number [?]Case number [?]Date filed [?]Amount [?]Plaintiff [?]

Legal Item

175VS00445

ELLDCCV2010245

Aug, 2010

$4,029

Citibank South Dakota Na

Re: Okay.. So now I am furious. MCM Call... Help?

Anonymous — Sun, 16 Feb 2014 18:05:33 GMT

Get their fax number, send them a debt validation letter and a copy of your paperwork showing that it's already been paid off.

Re: Okay.. So now I am furious. MCM Call... Help?

RobertEG — Sun, 16 Feb 2014 18:29:18 GMT

Sending a DV will place an automatic cease collection bar on them, which includes reporting of their collection to the CRAs, until they have first provided verification of the debt. A DV is timely and invokes the cease collection bar if sent prior to or within 30 days of their dunning notice. By calling you, they are now required to send dunning ntice within 5 days, so they have become active. They can choose to report at any time, including prior to calling you or sending dunning notice, so it is important to get your DV to them before they do so.

I would normally not send anything with a DV, but in your situation, I like the recommendation in the earlier post that you do so, for future legal reasons.

They can verify in response to your DV without providing any supporting documentation, and dont have to prove the debt.

They are required under the statute only to investigate and convey to you their determination that their investigation supports the accuracy of the debt.

By includiing in your DV documentation, it may make them more reluctant to simply shoot out a debt vrification determination.

A reasonable investigtion on their part can be asserted to require that they consider your documentation as part of their investigation, and thus help if or when you might need to pursue the matter in court.

Re: Okay.. So now I am furious. MCM Call... Help?

HectorVictorious — Sun, 16 Feb 2014 18:55:33 GMT

Ok, I can do all of this. What kind of paperwork should I be sending. I have a credit report with the case number. I have copies of my paystub where it shows that I was being garnished. This is the most I have at the moment. I don't have anything from the courts because I never showed up, and I am in the process of disputing the information on my credit report because my judgment does not show $0. It still shows that i owe $4029.00
Thanks for the quick responses, you guys.

Re: Okay.. So now I am furious. MCM Call... Help?

Anonymous — Sun, 16 Feb 2014 19:09:01 GMT

You don't have any paperwork from them after your last payment, showing the debt was satisfied?

Re: Okay.. So now I am furious. MCM Call... Help?

Officer737 — Sun, 16 Feb 2014 19:09:16 GMT

Go to the courts and get a copy of the case file which shows when they got the money from the garnishment, how much it was and the location of where they sent thw money to.May want to check on something. See how long and how much they garnished total. In my state, they can only garnish up to 6 months then it expires and they have to refile the garnishment to collect anymore money.

Re: Okay.. So now I am furious. MCM Call... Help?

HectorVictorious — Sun, 16 Feb 2014 19:16:22 GMT

Notfancy,
The only paperwork I have ever seen with this whole situation was the paperwork that my work was sent to garnish that I had to sign off on. That and knowing it was taken out of my checks. I have called the company that was dealing with the garnishment through my work and have spoken with them a number of times.

Re: Okay.. So now I am furious. MCM Call... Help?

Anonymous — Sun, 16 Feb 2014 20:41:53 GMT

@HectorVictorious wrote:
Notfancy,
The only paperwork I have ever seen with this whole situation was the paperwork that my work was sent to garnish that I had to sign off on. That and knowing it was taken out of my checks. I have called the company that was dealing with the garnishment through my work and have spoken with them a number of times.

See if you can call them and ask them for a copy of the paperwork showing the account is a 0 balance.