Internet's first get-out-of-debt community - 145,000 members

Posted: Fri Dec 28, 2007 11:25 am Subject: trying to refiance

i just dont know what to do.i want to refinance my house but i am running in to a few problems.on my credit report i have a judgment from midland credit managment. there is a case number and a date filed of febuary 2002. i went to the county clerks office and there is NO judgement on record. but that is not good enough for the bank. they want me to contact midland credit and or the credit beaurus to see whay this is on there.i do beleive that this was from a montgomery wards credit card from about 13 years ago. so i guess what i am asking is should i contact midland credit or the credit beaurue{spell check}. the loan can not be approved untill this is either paid or taken off the credit report should i send midland a DV letter or ask for a settlement what is the S.O.L. in new york i am in albany

Posted: Fri Dec 28, 2007 11:28 am Subject:

Posted: Fri Dec 28, 2007 11:32 am Subject:

ok so has the S.O.L passed?

Posted: Fri Dec 28, 2007 12:08 pm Subject:

If this went delinquent 13 years ago then there is no way it should be on your credit report. If this is the case they probably re aged it, which is illegal and you can sue them for 1k per report. When was the date of first delinquency with the OC and when is the CA reporting delinquent?

Posted: Fri Dec 28, 2007 12:24 pm Subject:

i have no idea when this went deliquent i cant even remember when the last time i made a payment was it had to be 11 to 12 years ago. i have not received any phone calls or even any letters from midland credit in years..the civil judgement that is suppsedly filed is dated febuary 2002 how can i get this removed from my credit report ASAP?

Posted: Fri Dec 28, 2007 12:38 pm Subject:

If you are not aware of being sued then you can determine who the judge is that oversaw the case by either contacting your county court house or contacting the collection agency. Once you do so find the judge and explain that you were never served papers and ask if the judgment can be vacated due to improper service.

If it is not a real judgment then sue the pants off of them for FCRA violations.

Posted: Fri Dec 28, 2007 12:58 pm Subject:

i do not remember being served any papers on 2002.not to say that i wasnt but i just dont remember. according to my credit report it was filed in febuary 2002. i did go to my local county court and there is no record of a judgement filed against me from midland credit. on my credit report there is a case number it reads like this:

civil judgement filed-02/02 tru01

case-t020***
pltf-midland credit managem amt-1677
court-county court atny-a-ent inc0000000

jcemt any chance i can call you ? or is that not allowed here?

Posted: Fri Dec 28, 2007 1:58 pm Subject:

We are not allowed to post personal information. My advice at this point is to seek legal council. You have the high ground at this point. Make them pay for your troubles. Not only has it affected your credit, but it in turn affects certain services that rely on good credit such as most types of insurance, and cell phone. Sometimes even utility.

Posted: Fri Dec 28, 2007 2:06 pm Subject:

ok i just got off the phone with transunion this civil judgement that midland credit has filied against me was filed in albany county court....i live in schenectady county both counties are in new york but about 15 miles apart does this make a difference

Posted: Fri Dec 28, 2007 2:11 pm Subject:

Yes, they have to sue you in your county. Call that county's courthouse and ask them to check their dockets.

Posted: Fri Dec 28, 2007 2:29 pm Subject:

after i call them and if they do have it on their dockets ..then what??

Posted: Fri Dec 28, 2007 2:52 pm Subject:

Speak to the judge who oversaw the case, request vacation of judgment due to improper service. Let him/her know your situation and that you were never served.

Speaking of improper service, midland credit management IS an improper service.

Posted: Fri Dec 28, 2007 3:08 pm Subject:

ok i just got off the phone with the albany county court clerks office it seems this chase just never ends the woman said that from what she can see off the docket NO judge over saw the case that it was transferred from another court maybe city copurt she thought i need to call back on monday

Posted: Fri Dec 28, 2007 3:58 pm Subject:

Then contact them Monday. You'll get to the bottom of this eventually. When you find out if this judgment is fictitious or not, let me know.

Guest · Posted: Thu Jan 03, 2008 4:41 pm Subject:

i am going to go to the court house friday after work.if in fact the the judgement was not properly served to me or if the sol has expired how fast can i get this off my credit...i am going to refi my house and the lock in rate is only good till january 26th

Posted: Thu Jan 03, 2008 4:43 pm Subject:

Not really sure, never had to deal with this myself. I only know the illegalities behind it.

*Name:
*Email:
*Phone:
*Zip:
*Debt

	* denotes required field

Internet's first get-out-of-debt community - 145,000 members

trying to refiance

Members Area

Free Debt Counseling

Ask the community

Also See

Featured Discussions

Featured Articles

Recent Forum Discussions

Recent Blog Post