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I recently received a debt collection notice from an attorney's office attempting to collect a debt for midland credit management, Inc. There is no 30 day notice, just a due date, and there's a contact number for questions. I called and was told the debt was related to a Visa card opened 2/9/01 and was payed on until 10/7/03. I've only opened three credit cards in my life, and this is not one of them. The person I spoke with told me to send a letter of dispute to the attorney's office, and said he was unable to give me more detailed information. Should I send the letter there or to MCM? Also, the letter was sent with my maiden name, and my credit report shows a negative MCM mark with a different account number and balance than that of the notice.

Posted: Mon May 14, 2007 12:48 pm Subject:

I will send the dispute letter to the attorney's office as well as to MCM, because they have hit your credit negatively. They must prove this account is yours or else dispute the item with the bureau to be removed.

If it helps in any case, call Visa and verify the account. They should be able to verify your info from their system.

Loretta · Posted: Tue Jun 05, 2007 9:46 am Subject: Debt collection notice reply

I sent the dispute letters to both MCM and the attorney's office. The letter from MCM was returned to me as non deliverable; the post man said they must have changed their location, and we agreed it was odd that there was no place to forward it. The address I have is 5775 Roscoe Ct, San Diego, CA. Is there another address you'd happen to have in your files? Also, I got a letter back from the attorney's office that was notarized by Amy Lynn Berscheit from MN. The letter is a testimony of an apparent MCM employee from CA who says she is the "...current owner of, and/or successor to, the obligation sued upon." She continues to say that she has "...personal knowledge of all relevant financial information concerning[my account number]." There is no information which directly responds to my dispute, it just reiterates what the first letter said; they seem to have ignored my requests altogether. Also, there is still no due date or contact information if I have any questions. How should I respond to this? Thank you for your help.

Loretta · Posted: Tue Jun 05, 2007 9:51 am Subject: Visa verification

I did call Visa to verify the account and they said they had no record of the account's exhistance.

Posted: Tue Jun 05, 2007 6:38 pm Subject:

First off, this attorney violated federal law with that letter. They are required to provide the disclosure concerning your rights, and they did not.

You can try a few things right now--I would also recommend checking to make sure that the attorney is really an attorney. Midland is known for all kinds of illegal things, I would not be surprised.

The response you got, Loretta, is just as you described--it is not what the law requires. I want to point out this:

----I got a letter back from the attorney's office that was notarized by Amy Lynn Berscheit from MN. The letter is a testimony of an apparent MCM employee from CA who says she is the "...current owner of, and/or successor to, the obligation sued upon."------

If it was sued upon, wouldnt they have a judgment that they could send you a copy of, quite easily??? This smells like a scam to me. I would send a letter back to the attorney, CMRRR, include a copy of their false validation, and inform that their letter to you does not in any way meet the standard set by the law for proper validation that this debt is real. Inform them that you have checked with Visa, and they have no record whatsoever of this account. (you should also write a letter to visa, asking for that statement to be sent to you in writing that they have no record of this account) At this point, me personally, I would play hardball.....I would inform them that, as provided by the fdcpa, they have not validated this debt, and since they havent, they have no legal right to undertake any collection activity against you whatsoever. Demand that they immediately remove any and all entries on your credit files, and demand that they immediately cease all collection efforts unless they are to furnish proper LEGAL validation. Mention that you will pursue legal action against both the CA and the attorney if they persist in violating federal law.

For good measure, throw in a cease and desist letter, demanding that they only contact you via mail.

Another thing you can look into--is this attorney in the same state as you? If not, check to see if the attorney is registered with your state. Many states require businesses to be registered or licensed to work in that state, even if their offices are not within the state. If they are not in your state, chances are they may be breaking your state laws as well.

For some reason, I keep getting the feeling that they are not really attorneys. It just seems wierd to me that a collection attorney would respond to a validation letter in this way. When you send a DV letter, it lets the CA or attorney know that you are at least somewhat informed about the law. Why would a lawyer send such a frivolous response to someone who apparently knows at least a little about federal law?? It makes no sense to me. Let me know if there is anything I can check out or help you answer, I will do the best I can.

Posted: Mon Feb 04, 2008 9:55 am Subject:

God LeXX, you have got to be one of the dumbest spammers I have ever seen. LEARN TO USE HTML IDIOT

Posted: Mon Feb 04, 2008 10:49 am Subject:

Posted: Mon Feb 04, 2008 1:17 pm Subject:

It' like this for html hyperlink coding:

Stress relief

Posted: Mon Feb 04, 2008 5:04 pm Subject:

Take him to school, bud!

Posted: Tue Feb 05, 2008 7:44 am Subject:

Also keep in mind that companies have tried to use these affidavits before....in court they are considered heresay. Think about it...so this Amy Lynn Berscheit has personal knowledge of the account hmm? So....she was there to personally witness you sign the application forms? She was there with you to make all the purchases, or at the teller and personally witnessed her ring you up? It is a bunch of hooey..if this woman even actually exists...

You could take them to court over the violations and force them to bring in the lady, who would have to purjure herself...otherwise that affidavit is inadmissable....but the tricky thing is you have to point that out to the judge. Smile

Posted: Tue Feb 05, 2008 9:11 am Subject:

Bingo Goldenbast, unless you object to it in court the judge will let it slide.

Posted: Tue Feb 05, 2008 10:52 am Subject:

The only reason why any of these CAs even try to use the affidavit crap anymore is because too many people dont know their rights and dont know that it is not legal proof.

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Debt collection notice from attorneys office for MCM account

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