I got a message yesterday on my phone from a Joseph, and he just said he had been contracted to deliver documents to me today between 3 and 5 and if i was not there he would come to my place of employment with security and my supervisor. I would have to have a photo id to sign etc. It also said there was a filing party and gave a number but it didn't say who the filing party was. Pretty sure it's a scare tactic. Also think it's in some violation of the Federal debt act. 

Hello,

I just got a letter 1/24/2019 from the lovely Hunt & Henriques notifying me of their "intent to sue and incur court costs" on behalf of their client "portfolio recovery associates llc" for my old credit card debit (which was $1,400) of $1,842 from a Barclay card opened up fall of 2013. I've made no contact with H & H. 

I have tried over and over to find out when my last payment was on the Barclay card, but I am almost certain it was 4 years ago, give/take a few months. I'm in CA and I know the statue of limitations is 4 years, which I'm at or, darn close to it. 

This debt has gone through a few collection agencies so it's not even barclay that's suing me, they sold my debt a while ago. 

I have read that I need to send a DV letter initially. 

My questions:

What should the letter say?

How can I verify when my last payment to Barclay was? They locked my account so I cannot see any transactions. 

After I send the letter, I'm sure those money hungry jerks will respond. What do I do after that? 

How can I drag this out to the 4 year mark so the debt falls off? Does it actually "fall off" my credit or stay on it as an unpaid but closed debt?

Any help will be appreciated

Thank you kind souls!!

I have a credit card account that went delinquent in 2013 that has been reporting past due affecting my utilization.  I disputed that account in 09/2019 and no changes made.  The issue is that the account was transferred 09/2019 but the OC reported a past due  10/19 and not reporting that it was transferred and to whom.  Question is how long does the OC have to report transferred and update the balance to 0?

This company 'Midland Funding' has gone to court and got a wage garnishment against me through courts in Sherwood, AR.  The garnishment says that I owe $350.68 + 10.00 (for garnishment)+ $12.25 (Certified Mail) = $372.93.  Date of Judgement is 10/18/2010.  All Hosea is saying is it's for FIA Card Services through Bank of America (Visa).  I don't know what this is.  They are holding up on the garnishment with my employer until they can get copies of the paperwork to me.   I asked Hosea what is FIA and what does it mean.  He just kept saying it's a card service. 

I called Sherwood Courts and the clerk said it does not specify enough.  The clerk talked about Debtscape, which I remembered when Attorney Stephen P Lamb office filed to pick up the remainder debt that was owed due to Debtscape going out of business, which was $3,472.  But I paid that debt off with Attorney Stephen P Lamb back in 2010 who collected for Midland Funding LLC.  I was paying $150 amonth until the it was paid off.  Stephen sent me a paid in full statement.  I probably don't have it, but his office should have a record of it being paid since it had gone to court in Sherwood, AR. 

Something is not right about this at all.  I just need some help to resolve this issue.

Thanks,

I signed up for a service that I do not believe to be necessarily a fraud, but a service that was over hyped and over promised.

I did sign a contract and a finance agreement and I do not believe the services were not adequately provided.  I stopped paying and was turned over to collections.  I do believe the "finance company" was for billing purposes only.   The collections are under the original company.  If it were a finance company they would be the one listed.  At least, I think.

I also believe the original company does not care about the debt.  They are not even around anymore.  I believe the collection company is trying to get me to pay something for a debt I may not even be on the hook for. 

I asked the credit bureau to provide Verification the debt was assigned to the collection Agency.  I figured they may just be trying to get me to pay and then they got me.   All I got was a contract in the mail. To me it does not prove they can collect.  It at best proves I owe someone else who is out of business and at worst it is a contract dispute. If it was sold I may be on the hook but it would still be a contract dispute.

Need guidance on how to proceed.

Answer%20and-or%20Counterclaim%20of%20defendant%20Form%2001282019_1.pdf

I owe around 3,500 USD to a creditor for rent and tenant-related charges, some of which are suspected by me as being fabrications, mostly during a time I was incarcerated (being arrested days before move out date.) 

After asking the creditor to mail an itemized bill, I am told that they already did (while I was incarcerated or in rehabilitation, never received) and they do not feel obligated (whether legal or otherwise) to send another. But I have some charges to dispute. It’s just a confusing mess and I want to know if they are typically required to send the original lease agreement and an itemized bill for the damages. Thanks. 

I had a Synchrony Bank account that was purchased by Midland Credit Management in September 2018. I just received a letter from Pressler, Felt, & Warshaw that the account has been placed with them for collection. I don't have the $4700 that they are asking for because I haven't been working for almost 2 years. What can I do?

Hi~ I have recently come into a bit of money and will be paying off some recent medical bills/collections (that are actively collecting, none one credit reports). We have a 3 year plan to buy a house. I have about 3g in medical collection from between 2-4 years ago as well and have had zero contact from those collectors and nothing listed on my credit reports. I have enough to pay the recent bills. I had filed BK previously and know from that experience I had collections that I was never called on and were never on report. I know contacting the collection agencies to inquire will def start the collection process but feel like I should just "ignore" them as there has been zero contact and hope for best. But of course with my luck, I buy a house in 3 years and during closing all these collections pop up on my report. Any advice would be appreciated. Thank you. 

Hi,

I received a "Pre-Legal Notification" letter from Midland for a Synchrony debt of $6,270.26. I've seen a lot helpful information in these forums but as my state is North Carolina I thought it might be helpful to get state specific responses.

After reviewing the letter and the information I've found on this site my tentative plan is as follows:

1. I'm within 30 days of receiving this letter so the first step I was wanting to take was request for Debt Validation. I'm not sure if that means they show I am who they think I am AND that the debt is valid. Otherwise, I'm thinking that these might be two separate issues? As this is my first letter from MCM I think it's good sense to make sure they are truly the debt buyers of a debt I owe and in the correct amount (It looks about $1200 higher than the debt I believe it's in reference to)

Assuming they are truly entitled to this debt and the debt is undoubtedly mine, then I assume they will consider suing me for the amount. If this does happen, I think my best course of action would be to use the arbitration clause that appears to be in my original card holder agreement (2016 synchrony). Again assuming everything is on the up-and-up, my last payment to Synchrony was on Feb 11th of this year (it was already delinquent); not sure if that means I'm really under the 2018 (when the account first went delinquent) 2019 (when I last made a payment)  the original 2016 card holder agreements.

My mindset is as follows: I've had changing financial circumstance that made the account, and other credit card accounts, I had too much to handle keeping current. My general approach has been to work with my creditors in the order I can as best I can. The order I came up with was based on the ethical sense I get from my interactions with them. I'm happy to report that I've already cleared the debts from creditors that were willing to working with me. Synchrony has been at the bottom of the list. Their high interest rates, and immediate moves to intermediation style techniques being the reason for this prioritization. Seeing that they've elected to sell my debt to the morally bankrupt MCM who sends bolded "maybe...WE'LL SUE YOU" style letters I can't say I'm surprised. Sorry for the missive but I felt it was necessary to show that it's not a unwillingness on my part to pay my debts, but Synchrony's and now MCM's behavior that has made any dealing with them out of the question.
More generally, I don't think predatory companies like MCM should be met with anything else but what they give: namely, hostility. :-)

Any NC specific help on trying to price out my the worth of MCM pursuing my debt would be greatly appreciated. Keep up the great work I'm seeing here!

Thanks,
Joshua

I was sued by Chase in January 2019 and I settled. I settled with Chase before the first court date and then they sent a letter of dismissal. 

Is there a way I can delete the complaint/docket number from the court records?

I started getting letters from attorneys stating that I may need representation in a case filed against me in court. I checked on the county website and sure enough there was a pending case against me with Midland Funding being the Plaintiff. I had no idea. It shows that on 7-26-2019 the Petition was filed and then on 8-15-2019 shows Citation returned unserved. Case still shows to be pending status. I was never served any papers. Should I just keep checking on a court date and see what happens or contact the court to see what is going on? I don't want to miss the court date.

Any help is appreciated and thanks in advance.

What should i do, i revived a call that said a judgement or lean would be put on me from a past debt . however i have revived no letter from the debt collector. and im not sure if the debt is even mine and original creditor has no record of the debt

My husband received a letter from Clarkson law firm on behalf of Midland Funding saying he owes $2197.52. They state that he has 30 days to dispute the validity of the debt to prevent them from filing a lawsuit. This was a credit card that he had from Citibank that he opened and ran up a balance on without my knowledge. He stopped making payments. When I discovered this account, I attempted to make payments on it, however, he was not putting enough money in our account for me to pay all of the bills, so at some point I stopped paying on this with the reasoning that I wasn't responsible for it and he wasn't even trying to pay it. (Yes I am still angry about it!) I'm not sure exactly how long it has been since a payment was made, but it has changed hands with collection agencies several times. He has ignored all calls and letters from these agencies. Today it showed up on his credit report as a collection. I would like to clear up this debt, but I would like some advice on the best way to proceed. I have read that Midland has a poor reputation for shady and aggressive tactics. What I would like to know is what is the best way to make them validate how this amount was determined as to what he owes so they cannot receive a judgment for this much. As best I can remember, the balance was around $1000 when I stopped making payments. The collection notices that he received over time from other agencies had varying amounts on them, with one showing he owed more than $4000! That is crazy. I don't feel he should have to pay more than what he owed on the card. Any advice you can give on the best way to proceed would be appreciated. Thank you.

Recently I sent a validation letter to NCB Collection Agency.   Here is their response...

"We have received your dispute notice concerning your account with us.   
After conducting an investigation, we have been unable to substantiate the allegations in your dispute.   Should you have additional relevant information or documentation not previously submitted, please mail these items to us along with your name, address and account number at the address listed below as soon as possible.

Sincerely,

NCB Dispute Investigation Department"

What does this mean?   Is this a failure to validate the debt and admiting it?   What should my next step be?

Thanks so much for all your help!

This is the start of MY story to address, defend and clean up my outstanding debt. 

I have been sued by one of the major law firms that represent both JDB and OC in TEXAS.

The  firm operates in other states besides Texas, so their strategy may be the same outside of Texas.  MY accounts in collections with a variety of collectors,  have  account totals ranging from $2k up to $14k.  I will post the status of my defense actions and results as they progress. I am not working presently and hope the employment situation will  change soon, as a result I have time to research and defend myself. 

First case has been filed and I was personally served.  I answered the complaint with information provided on this great forum.  I believe this forum  is monitored by collectors so I will be careful and may or may not change location and dates of the process.  I have not retained counsel and plan on defending myself all the way.  I believe I am judgement proof presently because I have no wages to garnish or bank accounts to levy. But if I do get a job, that situation may change.

Here is the most important thing I have learned to date: Beginning  last year  most courts in the US have allowed lawsuits to be filed on-line through the e-file system.  This has made it extremely easy for Plaintiffs (the debt holders) to file suit against  YOU & ME. They do not have to go to the court records  Department to file claims against you. The courts like this because the budgets of the courts get the increase revenue from the filing fees.  It is a lot easier for a court clerk to handle  filings on-line then actually  record the filing in person.  Curiously I have not heard anything about this fact going on in our Court System.  This is a lot of money flowing into the local governments. You can see this for your self by going to large counties that have there court records online.  The  filing attorneys have a standard template they use where they put your name, account number and amount of the debt. They file as many as 10 or more a day.   There are courts that handle hundreds of flings a day, some charge $300  each to file, you do the MATH. This to ME is a revelation that will have unknown consequences on the public.  

Now going forward, We the public need to use this new filing systems to our advantage when possible, and that is what I am going to do and relay to the forum.

Continued......

Midland Funding has started a new court strategy in Texas and maybe other states also.

Reviewing the Texas online court records, Midland has started opening old cases with Default Judgements. They have reopened dozens of cases in 2019 and none in 2018.

The cases are asking for courts to garnish money from major banks like JP Morgan and others. I don’t think the law has changed in Texas regarding garnishments, ( Texas law prevents wage garnishment on consumer debt.)

Midland has found something or someway to get information on the defendants in their old Judgment wins.

If anyone has some information on this, please inform us.

The e-file count on debt cases being filed has continued to grow at an alarming rate. I feel we are witnessing something regarding consumer debt and the court system of great importance in history.

I am being sued by Midland Funding. They purchased my debt from Synchrony Bank Paypal Extras Mastercard. The debt is $4100. I received the letter today that says "unless, within 30 days after your receipt of this letter you notify us in writing that you  dispute the validity of the debt this will assume that the debt is valid."

I know the debt is mine. Should I dispute it?

I was wondering if I could get an opinion on what someone should do if they find themselves in this situation. Lets say I got sued by portfolio recovery for a past credit account around the amount of $1750 in California. After receiving discovery, I simply decided to exercise the right to plead the fifth because to my understanding (which at the time was limited and still is), to have answered the questions would be testifying against myself. Also, is it not the Plaintiff who holds the burden of proof needed to win the case? Consequently, A motion to deem admissions was entered and court date will be in a few weeks. Would it be a better idea at this point to just answer the discovery or should I just ride this one out and push the point that unless there's proof of the debt, how can there be a judgment against me? Also, if completing discovery ends up being my best option, would it be wise to file it with the court so that the judge might see it and decide not deem the truth of facts specified in the motion to be deemed admitted in his tentative ruling? Thank you 

http://media.rutherfordcountytn.gov/court/dockets/20191213-gscivil-other-docket.pdf

Hopefully that link works.  It's a big court docket for Middle TN full of JDB's and a few apartments (college town) and a few others.  You'd think it would take several hours, but most will be default judgments.