topic Re: Received letters from law firm... On behalf of Midland in Rebuilding Your Credit

Received letters from law firm... On behalf of Midland

Anonymous — Sun, 07 Sep 2008 21:24:25 GMT

Hi. I found this place after doing some googling for a while. I honestly didn't know if I should have bumped the 5 month old thread about Midland or not. So here's a new thread!

My living situation is kind of weird right now. As a result I get mail at my previous address and I usually don't go to pick up mail every day. Sometimes (like this last month) I go weeks without getting my mail. I found 2 letters from a law firm in the town where my old address is who are representing Midland Credit Management.

There are 2 letters. The first is dated August 11, 2008 and the 2nd is dated August 25, 2008. I just barely saw them for the first time today. The first letter states that I have 30 days from the day I receive this letter to respond in writing asking for confirmation, which I plan to do. But I'm just wondering what that legal 30 days is. Would it be 30 days from the day it was mailed out (the 11th) or would it actually be 30 days from when I received it which is today? The 2nd letter didn't make any mention of a date. It just states that as of the date of the letter they have not received payment.

Some more questions if you guys have time. I've read a lot of nasty stuff about Midland. Would it be a better idea to request validation from the law firm or directly from Midland? I'm fairly certain that this is from a card I had back in 2001 that I'm assuming was charged off (stupid college kid had to go and get cards). I've moved so many times since then that there is no doubt in my mind that some creditors were just not able to get a hold of me.

Another question. Since I did move around a lot, what state would the SOL apply in? I've lived in 4 states since having that card. Would the SOL apply in the last state the card was used? In any case, the SOL in the states I've lived in maxes out at 4 years.

Thank you for any help you can all provide.

-kit-

Message Edited by Kit_N on 09-07-2008 02:24 PM

Re: Received letters from law firm... On behalf of Midland

Anonymous — Sun, 07 Sep 2008 21:48:50 GMT

The SOl applies in the state where you live now or the state where the "contract" started (where you lived when you opened the account.

DV both of them CMRRR.

Re: Received letters from law firm... On behalf of Midland

Anonymous — Fri, 12 Sep 2008 02:29:18 GMT

Well I went to go take a look at my credit report. After I mailed off the verification letters. The original creditor is listed there saying status: transfered,closed/account charged off with the amount that was written off and a last reported date back in 2005. According to the chargeoff date, this is still within the SOL for my state. Then I see midland's entry which lists the original creditor with collection account for more than what the writeoff amount was. It also says the date opened was in 2007 and the date of status is back in 2007 as well. This confuses me. Does this mean that midland just reopened the account somehow and will they be able to actually sue me for the amount? I'm thinking that I'll receive verification and they'll probably tell me that I need to pay some large amount otherwise they'll take me to court or something. If anything I guess I have a little more time to figure things out.

Message Edited by Kit_N on 09-11-2008 07:29 PM

Re: Received letters from law firm... On behalf of Midland

Anonymous — Fri, 12 Sep 2008 03:48:25 GMT

The OC is reporting correctly, When a CO account is sold they must show a zero balance.

Date opened has nothing to do with the time it will come off your report. It is basically the time the CA got the account. Same thing with status date.

When the OC CO the account, they closed it and sold it to a CA. That CA might never have reported the account. It appears Midland acquired the account in 2007 and put it on your CR.

The account was only closed and sold by the OC, meaning they, the OC could no longer collect on it but could report it. Midland is not reporting wrong. And the amount more than likely includes interest for 3 years.

Unfortunately, if you are still within SOL Midland can take you to court.

What state are you in?

Message Edited by guiness56 on 09-11-2008 08:48 PM

Re: Received letters from law firm... On behalf of Midland

Anonymous — Fri, 12 Sep 2008 07:44:45 GMT

I'm in Utah. I think the SOL here is 4 years. I guess I'm screwed. There's no doubt in my mind that these guys will probably want the money immediately or that I'll end up in court.

Thanks for your guys' help anyway.

Message Edited by Kit_N on 09-12-2008 12:44 AM

Re: Received letters from law firm... On behalf of Midland

Anonymous — Fri, 12 Sep 2008 12:12:07 GMT

Legal SOL goes by DOLA, such as last payment.

It was CO in 2005, when did you last make a payment?

Kit_N wrote:
I'm in Utah. I think the SOL here is 4 years. I guess I'm screwed. There's no doubt in my mind that these guys will probably want the money immediately or that I'll end up in court.

Thanks for your guys' help anyway.

Message Edited by Kit_N on 09-12-2008 12:44 AM

Re: Received letters from law firm... On behalf of Midland

Anonymous — Fri, 12 Sep 2008 23:02:51 GMT

The last payment I made on it was sometime in late 2001 or early 2002.

I have no problem paying back the debt. It's mine. But I just don't have the money to pay it all at once which is what I'm guessing they'll want.

Re: Received letters from law firm... On behalf of Midland

Anonymous — Wed, 17 Sep 2008 07:15:29 GMT

Well I received confirmation that both letters arrived and were signed for. Now I guess I just play the waiting game. If I understand correctly, they have 30 days to reply and they must reply with exactly what? A copy of the bill stating my name, ssn or other personal information along with the amount owed?

Re: Received letters from law firm... On behalf of Midland

RobertEG — Wed, 17 Sep 2008 08:04:00 GMT

Kit, I am confused. The dates of their CO, collection dates of posting, etc, are not the legal issue at all. It all goes back to your DOFD foir CRA reporting, and your DOLA for SOL expiration, under most state laws.

As I see from reading your post, you have an old alleged debt. You state that you last made any payment on the debt back in "late 2001 or early 2002." So your last DOLA on your part was over six and a half years ago.

Unless you have made any contact with the OC or CA since "early 22002," with any offers to pay, and your state SOL is 4 years, then SOL has expired.

Re: Received letters from law firm... On behalf of Midland

Anonymous — Tue, 28 Oct 2008 02:14:52 GMT

I wanted to respond to this thread instead of creating a completely new one.

I received a reply from the law firm and they said that they determine that I owe the amount stated on a statement that wa attached. They also say that the statement should provide information sufficient to match me with their files and records.

The statement just has my name and address, no phone number, no previous addresses listed, it does have my ssn but not my date of birth, it has the name of the creditor as Midland Funding LLC and the original creditor is listed correctly as well. It also shows current balance owing.

What would my next step be? To ask them to take payments or what??

Re: Received letters from law firm... On behalf of Midland

Anonymous — Tue, 28 Oct 2008 06:58:25 GMT

I might be wrong - but this is no validation at all (Midland is hardly the original creditor) and the debt, if stopped paying in 2001 or 2002 in Utah, well past SOL date.

In my view, their validation is invalid, they are violating the FDCPA for not indicating clearly what is original debt and what is added costs and interests.

I would search this site and send them a second DV letter - and if you can tell when you went into default - also a SOL letter.

Re: Received letters from law firm... On behalf of Midland

Anonymous — Tue, 28 Oct 2008 14:41:24 GMT

Since you have moved, you need to found out the tolling statutes in the state you lived in when you opened the account.

Re: Received letters from law firm... On behalf of Midland

Anonymous — Tue, 28 Oct 2008 20:29:21 GMT

I should clear this up. The letter states that the current creditor is midland and it also lists the original creditor as the original company I opened up the account with. That and all that I said in my last post is what is on the account detail paper.

I actually lived out of state when I made the last payment on the account. But I believe this account was still opened in this state.

From my understanding it sounds like I need to send them a letter asking for further confirmation or confirmation of the original debt as well as something confirming the date of last activity on the account?

EDIT> I still haven't received a reply from midland themselves. This is all coming from the law firm.

Message Edited by Kit_N on 10-28-2008 01:29 PM

Re: Received letters from law firm... On behalf of Midland

Anonymous — Tue, 28 Oct 2008 21:13:34 GMT

You opened the account in the Utah then moved out of state. Your last payment made was in a different state, but you have since moved back to Utah, correct?

If so, you need to check the SOL for Utah and read the Utah statutes to see if they toll SOL and under what conditions.

There is a very good possibility that this debt is beyond SOL. Before admitting the debt or making any payments, you need to check this out, for your protection.

Re: Received letters from law firm... On behalf of Midland

Anonymous — Wed, 29 Oct 2008 04:26:03 GMT

Correct, I have moved back since then.

According to state law the SOL is 6 years. Although I'm not 100% sure as to the exact date of the last activity on the account was. But I know it had to have been sometime in early 2002. I'm not sure what you mean by "toll SOL".

Would it be a mistake to ask this lawyer for the last known activity or ask midland for it?

Message Edited by Kit_N on 10-28-2008 09:22 PM

Message Edited by Kit_N on 10-28-2008 09:26 PM

Re: Received letters from law firm... On behalf of Midland

Anonymous — Wed, 29 Oct 2008 13:07:40 GMT

Title 78, Chapter 12 of the Utah Statutes states:

78-12-35. Effect of absence from state.
Where a cause of action accrues against a person when he is out of the state, the action may be commenced within the term as limited by this chapter after his return to the state. If after a cause of action accrues he departs from the state, the time of his absence is not part of the time limited for the commencement of the action.

If you moved and then defaulted, the running of the SOL begins after you return to the state.

If you default and move, the time you are out of state is not part of the SOL time.

So, lets say you defaulted in 2001. In 2002 you moved out of state for 2 years, moving back in 2004. Those 2 years are not part of the 6 years that SOL runs. 1 year ran before you moved, the other 5 years would run from 2004-2009.

This is just my take on it, you would want to consult an attorney for an official take on it.

Message Edited by sidewinder on 10-29-2008 08:07 AM

Re: Received letters from law firm... On behalf of Midland

Anonymous — Wed, 29 Oct 2008 21:16:21 GMT

So according to that then I would still be within the SOL.

My next question would be, what would be the best way to approach them to make payment arrangements of some kind? Would a phone call be better or should I stick with mailing letters?

Message Edited by Kit_N on 10-29-2008 02:16 PM

Re: Received letters from law firm... On behalf of Midland

Anonymous — Thu, 30 Oct 2008 00:05:55 GMT

@Anonymous wrote:
If you moved and then defaulted, the running of the SOL begins after you return to the state.

NOT trying to break the rules here, just asking out of curiosity (please feel MORE than free to delete or edit if needed!!!!):

How, exactly, if the person in question did NOT change their DL or other "official" info, would the plaintiff prove that the defendant did, in fact, move out of state, thus tolling the SoL?

Always wondered about that. :/

When my ex and I moved to GE (years, years, years ago), we kept our US (state) DLs and used our previous state addy as our "Home of Record." I sincerely doubt that anyone actually knew that we had left the country (obviously aside from the military that had sent us there). Much less any creditors (since we didn't have any!).

Re: Received letters from law firm... On behalf of Midland

Anonymous — Fri, 31 Oct 2008 00:34:39 GMT

I think that what I'm going to do is just send them a letter asking to make some payment arrangements. I can't really afford much and don't want to risk a judgement or wage garnishment.

Re: Received letters from law firm... On behalf of Midland

Anonymous — Fri, 31 Oct 2008 01:00:08 GMT

I would try to PFD. In the remote case they sue, before obtaining a judgement there is plenty of time to settle - and a judge would not refuse an installment plan. Garnishment can't happen without a judgment.