Internet's first get-out-of-debt community - 129,000 members

Posted: Mon Dec 10, 2007 2:25 pm Subject: midland credit

i just wrote this but i cant find it anywhere

i am going to refi my house i have a negative item on my credit from montomgomery wards from about 15 years ago for 1600$ i want to offer a settlement for pennies on the $ but i cant even find a number for midland credit ........with this being so old what should i do?

Posted: Mon Dec 10, 2007 3:18 pm Subject:

If this is indeed 15 years old then it should have come off ur report 8 years ago!
Ang

Posted: Mon Dec 10, 2007 3:29 pm Subject:

well when i had the credit card it was a good 13 to 15 years ago but midland has taken it over and filed a judgment back in 2002

Posted: Mon Dec 10, 2007 3:48 pm Subject:

Were you aware that you were sued? Also, what state do you live in and when was the last payment on that card? or what year was it charged off?

Posted: Mon Dec 10, 2007 3:56 pm Subject:

i am in new york ......yes i am aware that i was sued...............i could not tell when the last payment was made or when the card was "charged off"

Posted: Mon Dec 10, 2007 4:00 pm Subject:

Were you provided a summons to court?
The SOL for NY is 3 years. You might be able to get the judgment vacated due to expiration of SOL. If you were not provided a court summons you could probably get it vacated due to improper service, either way if it is vacated it would have to be with prejudice as the statute of limitation has passed.

Posted: Mon Dec 10, 2007 4:17 pm Subject:

i am sure that i was served a summons on my credit report it says civil judgment with a case number
what is the fastest way to get this resolved
i know that when i sit down for the closeing if it is not paid the lawyer will just take the whole amount out of my "cash out" funds

Posted: Mon Dec 10, 2007 4:24 pm Subject:

some collection agencies will send summons to wrong or old/unused addresses so that the defendant will know to show up for the trial so that they can get a default judgment. If you would have known you could have claimed SOL as your defense and got the case dismissed with prejudice. You may wish to contact your local courthouse to determine if a judgment was actually awarded. If not, contact the credit reporting agencies and let them know that so that it can be removed from your report and you would be absolved of this alleged judgment. First see if a judgment was issued then we will work from there.

hockeyman · Posted: Mon Dec 10, 2007 8:20 pm Subject:

If it was that long ago, it's highly doubted that she could motion for leave to file an order to show cause to vacate the judgement, typically you have 6 months for an action like this in NY.

It's 30 days to file a notice of appeal, though parties typically don't balk at this, but if you're pro-se they will object to this.

Is this Supreme or Local Civil, that can make a big difference and what county?

If it's one of the 5 boroughs in NY, they will typically be more liberal. Kings and Bronx are the most debtor friendly venues in the City. If it's Queens, it's a toss up, NY you're screwed, and Richmond you may as well open up the checkbook last week.

hockeyman · Posted: Mon Dec 10, 2007 8:26 pm Subject:

If she received the notice of claim (if it's small claims), that is notice enough, the summons would be icing on the cake. I would need to know the venue before I can tell her any specifics, like my previous post if it's Kings or Bronx, she may have a good shot.

The other three in NY City, are all overall not in her favor. Nassau is a different creature and Suffolk, don't waste the motion fee, you could apply that cash to your debt.

Guest · Posted: Tue Dec 11, 2007 9:40 am Subject:

i live in schenectady new york about 10 miles from albany

Guest · Posted: Tue Dec 11, 2007 9:42 am Subject:

that last reply was from me

Posted: Tue Dec 11, 2007 10:45 am Subject:

Google... Bud Hibbs has some nice words about these people.

Guest · Posted: Tue Dec 11, 2007 6:19 pm Subject:

ok here is what i am up against........my credit score is 600 i am ging to
refi my house and take cash out.in order for the loan to go through i need
to pay a medical judgment from 1997 it started out as a $600 bill but now
that the lawyer has it they charge 69cents a day intrest so they are telling
me i owe$4500.so i called the hospital and thought i worked out a settlement
for $1600.when i asked the lady at the hospital to send me a settlement
letter with the lawyers case number she didnt think she could do that cause
it was their case number and not the hospitals. so she called the hospital
and they will back to her tomorrow........i am afraid that with this one the
lawyer will want the whole amount which sucks cause the hospital will settle
for less

the second one on my credit is from montgomery wards credit card which is
looooooong out of business.i last had that card about 13 years ago .well now
and for a long time MIDLAND CREDIT has the account they also have filed a
judgment against me the amount on this one is about $1600 in years past
about this time of the year i would get a settlement letter from them but i
have not gotten one of theses in a long time i dont even have a phone number
to try settle with them.......
i guess i am not in the best situation right now because i will have the
closeing on or about 12/26/07 and if i cant settle theses on my own the
lawyer will just pay the from my "cash out" funds which i really dont want
to pay thae whole amount well there you go i think that is
everything.......i did call you and left a message.....what do you think am
i screwed? any advise you can provide me with will be great
thank you
wayne