Assistance Needed (Amex / MCM )

[Anonymous]

Hello MyFico Members,

It's been a while since I've posted on here, and it's a little embarrasing to be on the other end.

I remember posting here a couple of years back decently active to help others get through their credit journies and helping even my own family do so as well. 

Unfortunately, Covid-19 hit hard and caused me to default and have AMEX charge off multiple accounts and more recently my Lowe's account now owned by MCM. My credit has been shot to the ground, but as I remember from years ago, there is always hope, and I remember some amazing minds on here that could offer some guidance/help. So thank you in advance for your time in any of these matters. All is greatly appreciated! 

Amex filed suit against me last year, I responded through the local court within the 20 days given, and they began their proceedings. A year passed and in December of last year I attended a court hearing in which they asked for an extension and to not have the court drop the case. It was required by the court to go through mediation within 30 days, failed to ever get the law firm reach out to me, and it appears the case was dropped without prejudice by the court in late January. Amex has now refiled suit, and I will be of course give my reponse again to avoid default judgement. 

Now the questions regarding this situation.. 

Should I have a specific course of action against them this time since it is a repeat? 

The last time I responsed to the original lawsuit, I asked for Debt Validation but was never provided any and the court case went into Limbo.

Does this give me any leverage as I never obtained this? 

Mediation was never done either per the court request. I rewent through my mail, and failed to locate any information of a request from the law firm but my only concern is that potentially it was sent to an old address as the processor whom came to serve the re-filed suit went to my old address first and I found out through the new occupant. 

Any advise here would be helpful! 

MCM just recently purcased the debt from my Lowe's CC that I opened up in February 2016. The debt is $1975, but I have noticed lately they have offered PFD options and would love to have this debt addressed / removed if possible. 

Anyone have specific luck with dealing with them recently? This charge off happened in 9/2020 so it is still with SOL so I know this gives them more leverage than me, but was still hopefull to have a better resolution.

I know also in the past utilizing arbitration with them has caused them to not persuit the debt as the cost/time is greater than smaller balance such as these. I could not find a credit agreement from this timeframe. Tried to look it up through google with no avail, but might just be me lol. 

Thank you again everyone for your time! Hope I can soon be able to be proud of my credit again.

[fishbjc]

I remember you well!  Covid has hit a lot of people hard.  The most important thing is your health, food and shelter.  All else can, and will, be dealt with.  

I don't have any direct advice for you, but stay the course and you'll be rewarded with good credit again.

[gdale6]

Im sorry to hear that covid has hit you. Since there are legal issues involved here with lawsuits you really need to get the opinion of an attorney as its outside the scope of expertise here on myFico. Good luck in whatever you choose to do.

[Aspireto850]

@Anonymous 

I believe your debit with Midland needs to be at least 2 years old for them to delete. Once it is they will do a PFD and remove likely within 30 days.

Good Luck.

[House2021]

I'm calling Midland on Monday to try to settle my collections with them, I'll come back here to update with the results of my negotiations. 

[simplegirl]

I settled with midland on an collection in 2019 for 45% of the balance i think and it was 2 years old at the time i paid it. I had to get the settlement offer they gave me renewed before i paid them with a cashiers check. It was deleted with no problem.

[House2021]

Thank you simplegirl that info helps a lot for making an offer to them. 

[Anonymous]

As it was dismissed without prejudice, they can re-file the claim and try again. I would seek legal counsel to determine your best plan of action in that specific case. 

Definately do the PFD with MCM if you can. 

Good luck and welcome back!