My fiance in FL has a lot of debt and the CA's are calling! I have Q's pls help.
Date: Wed, 10/13/2010 - 19:25
There has been one voicemail message left on my machine from a collection agency and she has now received mail, at my house, from Midland Credit Management. Just last week she received a letter from the law offices of Pollack & Rosen, P.A., a firm based near Miami.
So, as a first step, we pulled her credit reports for free online from the 3 agencies. Thanks to my finding this website, we had a easy link to do this! I've been reading other threads on here about Midland, debt consolidation, etc. and am already thankful for this great resource.
Her credit report was worse than I thought, it contained a lot more than the $4,400 that Midland (and now Pollack & Rosen) are trying to get. I'd estimate she has about $15-20k of defaulted debt. She married young and let her husband run up credit cards that were, very unfortunately, only under her name.
On to the details. As an example, she has a listing for a Chase Bank credit card accounts Chase shows it was opened in 12/2005, closed in 4/2008, "paid" in 4/2008 with the remark "Purchased by another lender" and a "Date Updated" of 01/2010. The Pay Status is "Charged off as bad debt" and the Past Due is $0. The High Balance was about $4,500.
This Chase account number is the same one listed in the Pollack & Rosen letter, which lists Midland Funding LLC as the client. The amount on the Midland "Pre-Legal Notification Letter" is $4,671.88 while the Pollack letter says $4,430.38.
Her credit report has a listing for Midland Credit Mgmt Inc. and shows a Balance of $4,765 with an original Balance of $4,430. The Pay Status is a "Collection Account" and the date placed for collection is shown at 01/2010 but the Date Updated is 09/2010.
I know this is a pretty detailed description but I wanted to know specifically how the dates work with regards to SOL. I have read here it was from the last account activity and that FL has an SOL of 4 years for credit card accounts. What is considered the last activity? The date that the collection agency bought up the account from Chase? Or the last time she made a payment?
Any advice you can offer is greatly, greatly appreciated. I believe my next step is to have her write the Validation of Debt letter and send it to Pollack. At the least, that should slow them down a little and meet their "30-day no response" deadline. However, should this debt be validated as real and within the SOL for Midland to file a valid lawsuit, I will need to figure out how to deal with it. I assume that attempting to negotiate a settlement amount is a smart way to handle it, since neither she nor I has $15k to pay these things all off. I am also reading about Chapter 13 bankruptcy rules to see if that would be a better route for her.
Right now we are engaged and would like to get married in the Spring. Can any of this stuff haunt me if we get married while she is trying to clear it all up? She has almost no possessions of value and makes very little money. I'm just trying to stumble my way through this and find the best path to clearing her credit and debt up.
Thanks a million for your help!
Sean Paul
Sent out the DV letters today, certified USPS with receipt reque
Sent out the DV letters today, certified USPS with receipt request. Anyone have any thoughts on my questions above?
thanks!
Well, if she is worth your time, this is a small problem. I mar
Well, if she is worth your time, this is a small problem. I married a woman half my age and she had a bunch of things to clean up...I did that and we have been married for years. So, expect that you will need to come up with forty percent or even fifty percent to settle it out. If you can do that, make sure she knows what a big deal this is and settle it out. She will be forever grateful. If you cannot do it, you need to think about your committment, as it may result in lawsuits. It is NOT, however, your debt...it is hers.
@dantheman: yes, she's definitely worth my time, no question ab
@dantheman: yes, she's definitely worth my time, no question about it. My concern was whether her work on settling out her debts would have any bearing on us getting married. Would greatly appreciate hearing from any of the senior contributors out there with experience in that area.
@where is that: Broward County (South FL around the Fort Lauderdale area)
thanks
SP