Needing some Major Help
Date: Tue, 07/13/2010 - 19:17
MIDLAND CREDIT MGMT which I see they got 7 total listed for me but one is listed 2 times and its the same account number but a higher amount owed now, see I pulled my credit on 11/2009 and still got the report... I just pulled it today and different information is on it now... keep in mind I have not open up any new accounts and I have not made any payments to any of these companys YET!!!!!
Since Im in the Military Im curious about SOL in the state...reason I say this I just moved to a new duty station... and curious how that will play into roll...I also claim TEXAS as my home of record for military purpose so I do not pay state tax....but curious on the SOL since, Ive been reading on this forums about that I need help on this... I want to try to get these 6 collection things taken care of the thing is I live in VA now so how is this SOL going to work help on this would be wonderful and I want to write letters to the collection agency asking for a offer to lower the amount owe if I pay in full but not to sure what kind of letter to use here is what I owe
1. Midland credit Balance $622 Pay statues Collection Account
Account Type Open account
Orginal Balance $519
Im curious what amount do I begin to pay on???? the Orginal Balance or the the Balance????
It also says the date it was plaved for collection is 7/2007
and then it say date open 10/2009
Im confused on that also any help on this would be wonderful
Also I will tell you I did not mean to get myself into this suitation but Im not going to use this as a exscue or anything but...my life hit a turn I got hit by a IED which caused me to have major depression..I still suffer but am working on getting help with it on a daily bases.. I also have PTSD but do not want to use that as a exscuse either I just need some advice please on this matter thank you and where to begin...
Hi, The Statute of Limitations of the state where you had incu
Hi,
The Statute of Limitations of the state where you had incurred the debt will apply. As for the account that is showing up twice on your credit report, you can send debt validation letter to Midland credit. Can i know when did you make your last payment on all of these accounts?
Thanks
Quote:Originally Posted by lisawhite9Hi, The Statute of Limita
Quote:
Originally Posted by lisawhite9 Hi, The Statute of Limitations of the state where you had incurred the debt will apply. As for the account that is showing up twice on your credit report, you can send debt validation letter to Midland credit. Can i know when did you make your last payment on all of these accounts? Thanks |
No no, debt validation can only be requested within 30 days of receipt of a letter of collection, per the FDCPA.
To the original poster, there is no need to explain yourself, we
To the original poster, there is no need to explain yourself, we aren't here to judge you, we are here to help you. Please keep checking back for more replies, I am sure someone will be around with some useful and helpful advise. In the meantime, provide a little more info regarding Midland.
Have you ever received a dunning letter (letter of collection) via the mail?
You can check the SOL's for each state at the link below, however, the SOL would be in the state you incurred the debt, as stated in the post above.
http://www.fair-debt-collection.com/SOL-by-State.html
Quote:Originally Posted by lisawhite9Hi, The Statute of Limit
Quote:
Originally Posted by lisawhite9 Hi, The Statute of Limitations of the state where you had incurred the debt will apply. As for the account that is showing up twice on your credit report, you can send debt validation letter to Midland credit. Can i know when did you make your last payment on all of these accounts? Thanks |
This is false information.
The SOL of where you currently claim as your state of residence is what will apply. It doesnt matter what it was where the debt was originated, it only matters what it is where you claim as residence now.
Since you claim Texas as your state of residence, you need to look into the debt collection law there. Texas has the BEST debt collection law, it favors the consumer more than any other state. Also, you can still request validation, even if it is beyond the first 30 days, but Midland is not obligated to provide it anymore. At least, they arent obligated under the federal law-again, check Texas laws for this.
There is something you should look into--there is a provision of FACTA--a federal law that deals with credit reports and reporting--that went into effect at the start of this month. It is supposed to make it easier for a consumer to dispute items on their credit reports. The way I understand it, if you dispute the debt on your report, and the debt collector who put it there does not or cannot validate, then they MUST remove it from your report. There's a thread about it on the forum here, let me see if I can link it for you:
http://www.debtconsolidationcare.com/credit-repair/thread73775.html
That may at least help with the credit reporting, and if it were me, here's how I would handle it...
1--dispute the debts with Midland, by stating that they are reporting the debt on your credit report. Send them a certified letter for each debt doing this.
2--if they do not validate, then they have to remove it.
3--I NEVER advocate someone skipping out on a debt that they legitimately owe, but if they do not validate, I would NOT pay them a penny, because too many CA's like Midland have tried to collect from people when they didnt have the right to collect on the debt. Midland is one of the shadiest debt collectors out there. No validation means no payment.
I agree with skydivr, send them a letter requesting they validat
I agree with skydivr, send them a letter requesting they validate the debt, most likely they will be excited to see a response, since you maintain your residence in TX there are very strong anti garnishment laws there so they will be easier to negotiate with, if they can prove you have a legitimate debt with them. Since the debt has been placed for collection 3 years ago (TX SOL is 4 years) they should be thrilled to get 5-10 cents on the dollar. Plus, as long as it's part of the neotiation and not to an original creditor you can request that they not issue a 1099 for the forgiven debt amount, therefore there won't be tax consequences (avoiding insult to injury). There is some solid information about this at www.freedomfromcreditors.com.
The only validation per FDCPA is who the original creditor is, h
The only validation per FDCPA is who the original creditor is, how much and a date. That is it!!! They aren't required to have any proof.
I have one way I deal with these Debt Collector Collection Agencies, and that is with a Cease & Desist Letter. If you'd like a copy of the letter I send: please contact me at [EMAIL="tlcpetmommy@gmail.com"]tlcpetmommy@gmail.com[/EMAIL]. I also help people who are being sued by Collection Agencies, and supposedly by Original Credit Card Banks. One of my clients is being sued by the same Debt Collector, so the first thing to do, is make them go away.
They can still sue you IF they get an Attorney in your resident state. However because they aren't the original creditor, I have some tricks I've learned, that make their head spin, so to speak. If you have received a letter from an Attorney representing this Collection Agency, I also have a letter, also written by a non online posting Attorney, that leaves the Debt Collector/Collection Agency Attorneys stunned, to say the least.
I’m not an Attorney, I’ve not had any formal Legal training. Everything I say/do is what I have learned, through my own experiences of, fighting 2 lawsuits against us, on my own and through research and extensive studying of the Consumer Protection laws. I cannot legally advise you, but I can tell you what I’ve done, and/or what I would do if it were me in a given situation.
Good luck!
petmommy-if you have learned anything its not much. You are wron
petmommy-if you have learned anything its not much. You are wrong on your first point about what they have to prove-they HAVE to prove alot more than that!! They must have the original signed credit card app, payment history and bill of sale from the OC to the collection agency, must show chain of ownership. ANYONE can type a letter on any letterhead saying such and such company says you owe this much, and you would be stupid enough to pay it?! Let me send you a letter on a fake company letterhead saying you owe me from this credit card this much on this date, will you pay me?! They have to prove more than that. Please give the correct info on here if your going to be helping people that desperately need help.
Quote:Originally Posted by AnonymousThe only validation per FDCP
Quote:
Originally Posted by Anonymous The only validation per FDCPA is who the original creditor is, how much and a date. That is it!!! They aren't required to have any proof. |
This is false information. While the FDCPA does not spell out in words exactly what validation entails, it is very clearly more than just the name of the original creditor. The FDCPA states that a consumer can ask for validation OR the name of the original creditor. So, they are clearly not the same thing. Validation is designed to prove three things:
1--that you really owe a debt.
2--that the CA thats calling you has the legal right to collect on it.
3--that the amount is legal and not falsely inflated.
If you get ANYTHING that does not provide proof of those three things, I would send them a second demand for proper validation.
Quote:
I have one way I deal with these Debt Collector Collection Agencies, and that is with a Cease & Desist Letter. |
This is flat-out the worst thing you can do. If you send a C&D they cannot contact you. This means that, in the case of larger debts, they may be more likely to simply move straight to filing lawsuit against you. The best way to handle a debt collector is with a timely written validation letter. Make them prove what they claim. If they cannot, then they are legally bound to never contact you again about the debt anyways. The fact is this--COMMUNICATION is how you address this problem. You dont address it with a cease and desist right out of the box. Suppose you are the victim of ID theft? If you dont ever talk to the CA and you dont allow them to at least tell you what they are calling for, how will you ever know? EDUCATION is key--first you learn what they are calling about and THEN you address it. There is no one-size-fits-all response to debt collectors.
If you'd like a copy of the letter I send: please contact me at I removed your email in accordance with our terms of service. Please read and follow them if you intend to continue posting here. Quote:
I also help people who are being sued by Collection Agencies, and supposedly by Original Credit Card Banks. One of my clients is being sued by the same Debt Collector, so the first thing to do, is make them go away. |
While its nice that you help people, we do not allow any of this kind of solicitation on this forum, especially one that contains information that will not help our members and guests.
Quote:
They can still sue you IF they get an Attorney in your resident state. |
You make this sound like it is hard for them to do. In truth, many CA's already have affiliations with lawyers in many states, such as CACH. Let's not put this kind of info out there on our forum, please--it implies that CA's are not as likely to sue as we are seeing in reality that they are.
[QUOTE]
However because they aren't the original creditor, I have some tricks I've learned, that make their head spin, so to speak. If you have received a letter from an Attorney representing this Collection Agency, I also have a letter, also written by a non online posting Attorney, that leaves the Debt Collector/Collection Agency Attorneys stunned, to say the least.
[/QUOTE]
The members of this forum, including myself, have been helping people defeat these bottom-feeder debt buyers for some time now. And we dont do it with bad information.