Midland Funding

[Anonymous]

Hello, I am new to this forum but hopefully you all can help me out here. Midland Funding took me to court saying I owe them over $7600. We went in front of a judge the first time and the judge ordered that they send me receipts of the last 30 days of my credit to prove I did make these charges. Fast forward to the second court date, I showed up to court and they didn’t and they judge signed off that I won my case. I am not too familiar with the process but the paper says the following.

“Notice of Voluntary Dismissal without prejudice”

“Plaintiff, by and through it’s undersigned attorneys, pursuant to Florida Rules Of Civil Procedure, Rule 1.42 (a) (1), hereby dismisses the action without prejudice”.

Certificate of Service

Then signed off.

Problem is midland funding is still trying to collect this debt and I see it on my 3 credit bureaus. I disputed it against TransUnion and it was already won. It’s still on Equifax and Experian right now. I called up Midland Funding and they are asking me to send in the paper from the judge. Would this be a good move? Just want to make sure they can’t take me back to court or anything. Thank you.

[vntrsc]

A voluntary dismissal is not a ruling by a court on the merits of the plaintiff’s claim(s).   “Without prejudice” means you can be sued again if the debt is still within the statute of limitations.

[Anonymous]

Thank you for your reply. So what was the point in going to court and getting this letter from the judge? You told me “it’s your lucky day” and the handed me this paper signed off by him. Should I not fax this to Midland Funding?

[Remedios]

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@Anonymous wrote:
Thank you for your reply. So what was the point in going to court and getting this letter from the judge? You told me “it’s your lucky day” and the handed me this paper signed off by him. Should I not fax this to Midland Funding?

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I'm not an attorney, you should probably consult one, but if the case was dismissed without prejudice, it gives them time to gather information the judge requested and still be able to file again. 

Talk to an attorney 

[Anonymous]

I am trying to avoid paying anything at this point which is why I came into this forum. Paying an attorney is not something I want to do. This is on my credit report and I am trying to get it resolved. It was removed from TransUnion already. Equifax and Experian its still there.

[Remedios]

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@Anonymous wrote:
I am trying to avoid paying anything at this point which is why I came into this forum. Paying an attorney is not something I want to do. This is on my credit report and I am trying to get it resolved. It was removed from TransUnion already. Equifax and Experian its still there.

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You have a bigger issue than what's reported to your CR and what's not. Those are two separate matters 

A lot of attorneys will do a free initial consult, but even if you had to pay, it will cost a whole lot less than $7600.

Going back to your original question..should you fax it to them? That's a question an attorney can answer

Can they take you back to court? Yes 

Would they? It's Midland, yes they would. 

Can they collect later if they get a judgement? Yes, via garnishment and bank account liens

Can the judgement be renewed if they get one? Yes 

So, pick up a phone and find an attorney willing to do a brief consult 

Good luck 

[Anonymous]

Bigger problems? I don’t understand. What bigger problems? This comes off my credit report in 1.5 years regardless. It already came off my TransUnion. I was just trying to get it off my Equifax. I’m just wondering if I send this fax to them will it bring up this up to them and then try to reopen a case. Obviously if they didn’t show up to court then I’m pretty sure they could case less about my case, otherwise they would have.

[Anonymous]

Or they didn’t have enough time to get everything in order as they wanted it for the judge, so they allowed this result to happen, knowing (as @Remedios said) that once they’re ready, they can reopen the case.

Could you have the desired result by faxing them? Sure. But it’s no guarantee and you should be ready to go through this again if they decide to come back after you. A lot can be accomplished on their end in the timeframe they are working with.

It would be nice to pay nothing but that’s an unreasonable expectation, especially if the debt is valid and you do owe the money. In light of that, you should consult an attorney to get the full scope of possibilities here, whether or not it costs you a consult fee.

[Anonymous]

Thanks for the reply. Come December it, it will be 2 years of them not doing anything. That’s why I am wondering if I should fax them this letter and they say to themselves, “ok we will remove it.” I’m in a tough situation. Why was it removed from TransUnion?