Midland Credit Management/Holloway & Moxley
Date: Mon, 09/11/2006 - 05:06
I called the circuit clerk today because I still haven't received papers or a summons. She said that they had filed on August 22 and I should get papers any day now. They received my request for validation letter on Aug 16th. I have the receipt. I still haven't gotten any sort of validation.
Now, the debt is clearly out of the SOL. But, all I have to prove that is the Date of Status of 2000 on my credit report and the statement that it will fall off of my report in March 2007. I haven't been able to find any contact info for Associates since they've merged with Citibank to see if they'd send me some account info.
Will a copy of that item on my credit report, a copy of the request for validation letter I sent, and the receipt showing that Holloway & Moxley got it be enough to throw this out?
I'm wondering if it's Holloway & Moxley doing this as Midland's attorney? I didn't send a validation letter to Midland. But, the H & M letter referenced that Midland was their client. So, I'm going to assume that I just needed to send a validation letter to H & M.
Also, since they filed a lawsuit AFTER they received my validation request, it's a blatant disregard to the fair debt collection act? I'm tempted to hire a lawyer and sue them. Of course, I would just get enough money to pay the lawyer. But.. OH! the satisfaction of it.
Once again, do any of you know where I can get any contact information for Associates?? Thanks!
When the debt has gone out of the SOL period, there is nothing a
When the debt has gone out of the SOL period, there is nothing a collection agency or a law firm can do against you. There might have been troubles if there was a judgment earlier before the SOL expired. The debt cannot be refused at that point.
Quote:
I'm wondering if it's Holloway & Moxley doing this as Midland's attorney? I didn't send a validation letter to Midland. But, the H & M letter referenced that Midland was their client. |
When the H&M letter referenced that Midland was their client and they first made the collection attempt, all points lead to H&M for validating the account.
What points do you have against the law firm to make your lawsuit stronger? The court will ask for the federal violations done by the law firm or the collection agency before they consider your plea. Sit with an attorney and go through this complete situation before you decide legal actions against them. You must have a win - win case before you file at the court because if you lose, you will have to bear the court charges and the attorney fees.
Thank you for answering a couple of my questions. Do you have an
Thank you for answering a couple of my questions. Do you have any idea about this one? I'm just worried that I don't have enough proof that it is out of the SOL.
Quote:
Now, the debt is clearly out of the SOL. But, all I have to prove that is the Date of Status of 2000 on my credit report and the statement that it will fall off of my report in March 2007. I haven't been able to find any contact info for Associates since they've merged with Citibank to see if they'd send me some account info. Will a copy of that item on my credit report, a copy of the request for validation letter I sent, and the receipt showing that Holloway & Moxley got it be enough to throw this out? |
*bump* I really need an answer to this question fast. Anyo
*bump*
I really need an answer to this question fast.
Anyone??
I am thinking that the date of first delinquency on your account
I am thinking that the date of first delinquency on your account is in the year 2000 and it is supposed to get off from your file by March 2007. It will be done automatically. If this doesn't happen, put an alert on this item and they will remove it based on the info available to them. So what do you want to prove with this now?
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Will a copy of that item on my credit report, a copy of the request for validation letter I sent, and the receipt showing that Holloway & Moxley got it be enough to throw this out? |
Accurate negative info cannot be taken off from the file before the seven years period.
I'm sorry, but I don't understand what you're saying. I don't ne
I'm sorry, but I don't understand what you're saying. I don't need any help with my credit report at the moment. But thanks.
This is what I'm asking-
I do not have any hard copies of anything showing the date of last payment for this account which has been sent to a collection agency and then to a lawyer. They have filed a lawsuit, but I have not received the summons yet.
I DO have a copy of my most recent credit report that says the date of status is in 2000 and that it will drop off in 2007. I need something to prove that it's out of the SOL.
I sent them a validation letter in response to their inital letter and haven't received anything from them yet. They received it (I know because I got the little green card) and a few days after they got my letter asking for the validation, they filed a lawsuit.
I need to know if a copy of that particular item on my report (showing when it's supposed to drop off), a copy of the request for validation letter I sent, and a receipt showing that they picked it up, be enough to get the lawsuit thrown out??
Basically, would a copy of that item on my report prove that the debt is out of the SOL if I took it to the judge?