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 Posted: Thu Aug 23, 2007 11:55 am Subject: I am being sued by Midland credit...and getting my life |
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Okay I struggled as a writer for 20 years published 3 books with some acclaim. But I am changing fields and am a financial wreck. I want to face up to it and fix what I can.
First of all I saw on the court website that Midland is suing me for a almost 6 year old credit card debt in Wisconsin. Although I have not recieved any info in the mail or papers served.
what should I do?
Will
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wilelliott
Joined: 23 Aug 2007
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AnthonyLemons
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| Posted: Thu Aug 23, 2007 12:44 pm Subject: |
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Do you know the last payment date on your credit card account? The SOL in Wisconsin is valid for six years from the last payment date. If the debt is already past the SOL, Midland won't be able to sue you in the court.
Get the debt validated by Midland and get all the information related with your account. If the statutes have expired, draft a dispute letter and send it to their mailing address through certified mail, return receipt requested. Midland might take you to the court, but they can’t get a judgment against you. You need to show all documents to the judge and turn the case in your favor.
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fatb88
Joined: 20 Dec 2006
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| Posted: Thu Aug 23, 2007 12:47 pm Subject: |
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Sample Debt Validation letter/ Cease and Desist Letter. Do not pay a collection agency any money without first sending this letter. If you have any questions, please contact Anthony.
| Quote: | (Your name)
(Your address
Collection company name
Company address
(Date)
Re: Acct# 00000000
To whom it may concern:
This letter is being sent to you in response to a notice sent to me on March 8th, 2050. Please be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION made pursuant to the above Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.
Please provide me with the following:
1. What the money you say I owe is for
2. Explain and show me how you calculated what you say I owe
3. Provide me with copies of any papers that show I agreed to pay what you say I owe
4. Provide a verification or copy of any judgment if applicable
5. Identify the original creditor
6. Prove the Statute of Limitations has not expired on this account
7. Show me that you are licensed to collect in my state
8. Provide me with your license numbers and Registered Agent
At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major credit Bureaus (Equifax, Experion or TransUnion) this action might constitute fraud under both federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent, I will not hesitate in bringing legal action against you for the following:
1. Violation of the Fair Credit Reporting Act-reporting inaccurate information
2. Violation of the Fair Debt Collection Practices Act-continuing collection activity on a debt which has not been validated
Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes listing of any information to credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
REQUEST FOR CEASE AND DESIST OF CONTACT BY YOUR OFFICE: I would also like to request, in writing, no further contact, either in writing or telephone be made by your office to my home or to my place of employment, unless it is to provide validation or release of liability of the debt. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with third parties, it will be considered harassment and I will have no choice but to file suit.
It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose.
Thank you,
Signature
Printed name |
_________________
Where there are hard working people being harassed or threatened, I will be there. My site: http://anthonylemons.blogspot.com
Avoid these Agencies: http://www.budhibbs.com/coll_to_avoid_list.htm
Contact any government official here: http://www.congress.org/congressorg/home/ Contact any State Attorney General: http://www.naag.org/
Federal Trade Commission: http://www.ftc.gov/
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AnthonyLemons
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Joined: 17 Feb 2007
Posts: 1825
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| Posted: Thu Aug 23, 2007 12:51 pm Subject: |
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The Statute of Limitaions in Wisconsin is 6 years on open accounts. Send a debt validation letter to Midland and make them prove you owe the money, that they are legally permitted to collect it, that the staute of limitaions has not run out. A good validation letter can be found by searching this site. They probably know that the debt is about to expire. Do not do anything to restart the statute like trying to work a plan with them. You can probably stall them until the SOL runs out if it hasn't already
Go here to read about the bottom feeders that they are:
http://www.budhibbs.com/debtcollectorpages/midland_credit_management.h tm
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frogpatch
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AnthonyLemons
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| Posted: Thu Aug 23, 2007 12:55 pm Subject: |
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Thanks Anthony. You must have put it up while I was typing
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frogpatch
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AnthonyLemons
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| Posted: Thu Aug 23, 2007 2:04 pm Subject: the court date is sept 10th, do I have time to respond? |
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the court date is sept 10th, do I have time to respond?
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wilelliott
Joined: 23 Aug 2007
Posts: 13
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| Posted: Thu Aug 23, 2007 2:17 pm Subject: |
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Write a letter to the Clerk of the Court and request a continuance to allow you time to prepare your case and to seek counsel if neccessary. Have you been contacted by Midland prior to the summons? Please go to the link 4 blocks above and read about them. Who were you served by? Be careful that they are not trying to force you into arbitration. They are known for that and submitting phony documents. How much do they say yo owe and how much do you think you owe?
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frogpatch
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| Posted: Thu Aug 23, 2007 2:25 pm Subject: I was not served yet...I got a letter from a bankruptcy |
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I was not served yet...I got a letter from a bankrupty firm saying I'm being sued and do I want then to be my bankruptcy lawyer saying they could represent me. I went on the Wis. court website and saw that midland wass suing me. BUT I have gotten no contact or letters from anyone...I have not been served. So should I do anything yet or wait till I am served and also, do I go to court if I am not served?
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wilelliott
Joined: 23 Aug 2007
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| Posted: Thu Aug 23, 2007 2:30 pm Subject: info from website |
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Midland Credit Management vs. William Elliott
Dane County Case Number 2007SC009126
Filing Date Case Type Case Status
Ascending Date Order
Descending Date Order
08-13-2007 Small Claims Open
Class Code Description Responsible Official
Sm Claim, Claim Under $ Limit Esqueda, Carlo R.
---------------------------------------------------------------------- ----------
Parties
Party Type Party Name Party Status
Plaintiff Midland Credit Management
Defendant Elliott, William
---------------------------------------------------------------------- ----------
Future Court Activity
Date Time Location Description Type 2 Court Official
09-10-2007 09:00 am 1st Floor, Room 1000 Return date Court Esqueda, Carlo R.
---------------------------------------------------------------------- ----------
Party Details
Midland Credit Management - Plaintiff
Date of Birth Sex Race 1
Address Address Updated On
Assignee Of First Consumers National Bank, 08-16-2007
Party Attorney(s)
Attorney Name GAL Entered
Peterson, Ryan M No 08-13-2007
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wilelliott
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wilelliott
Joined: 23 Aug 2007
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| Posted: Thu Aug 23, 2007 4:00 pm Subject: |
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Hi Wil,
I took a look at the link you provided. Did you call the court clerk about this? If you didn't, I would since there is very little information noted on the document. Also, when speaking with the clerk, find out if, how and when this was sent to you. You CANNOT let this go. If you do not respond to the summons, they will win a judgement by default!!!
I also would send a Validation Letter. Be sure to send it Certified Mail Return Receipt Requested.
Don't let this go!
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poconomoki
Joined: 09 Jul 2007
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| Posted: Thu Aug 23, 2007 4:42 pm Subject: |
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Wil--
It would be a good idea for you to review the Wisconsin Rules of Civil Procedure. This is the law that governs how you must be served. If you have not been served properly, you can challenge the suit, in which case the plaintiff is required to demonstrate to the court positive proof of service. They must prove that the process server gave you a copy. In your state, it is also legal for them to leave a copy with someone else, other than you, when it is reasonably understood that doing so will get it in your hands. So they could serve, just for example, a spouse or other relative. They must prove this. If the first you heard of this is by an attorney contacting you because he saw it, then something is wrong. Everything I am seeing right now states that in Wisconsin, you have 45 days from date of summons to answer. This is an important point--if that is the case and your court date is on 9/10, then they should have served you this quite a while back in my estimation.
You have some good advice thus far---send them a certified validation letter and make them prove their case against you. And definitely file an answer, in that answer make sure to request dismissal on the grounds of improper service. The good thing about this situation is that the plaintiff has the burden of proof, you do not. So, they must prove anything that you are legally allowed to challenge, including the method of service.
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skydivr7673
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| Posted: Thu Aug 23, 2007 6:08 pm Subject: |
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Do you still live in Wisconsin? If not, that's probably why you've not been served, and they are suing in the wrong jurisdiction. Unless they are suing you in the county you are living in now, send a letter to the court stating that your have not been served process, and the court has no personal jurisdiction over you.
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He who has freed himself of the disease of "tomorrow" has a chance to attain what he came here for. --G. I. Gurdjieff (1872-1949)
The science is in knowing, the art is in perceiving - Robert Fripp (1946-)
Ever get the feeling you've been cheated? - Johnny Rotten (John Lydon) (1956-)
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LawStudent
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