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MRC Midland Credit Scam?

Date: Tue, 09/06/2011 - 23:01

Submitted by foureyedgrrl
on Tue, 09/06/2011 - 23:01

Posts: Credits: [Donate]

Total Replies: 4


I am in the process of buying my first home, and a judgement from MRC has shown up in Experian from MRC from 2006 in Milwaukee, Wisconsin. I did live in Milwaukee, Wisconsin until 2002 but resided in Massachusetts until 2008. I was never served a summons, but there is this judgement against me. My mortgage broker has told me that I need to write a check to Midland Credit Management in the amount of $3900 to solve this problem. The last time I used a credit card was in 1998. What do I do? Looking at the history, I fear that if I do write this check out (which I would do because I need to be in a house), I will lose the money to a scam. Please help. I just recieved an accepted offer today. I never knew this was a ghost in my credit history. My mortgage broker told me that MRC bought a debt from a Citi Bank Credit Card that I never had. Doing some research, anyone can present a debt to you (after a 'judgement' has been made), in the name of a debtor. How scary!


Welcome to the forums!!!
It???s a tricky situation. You should check the SOL period in your state. Once the SOL period has expired, then the creditor/collection agency can???t take any legal action against you. You can contact with a professional lawyer in this regard. I hope he/she will guide you in a better way.


lrhall41

Submitted by sandra.nelson15 on Wed, 09/07/2011 - 03:42

( Posts: 129 | Credits: )


Have you actually seen a copy of your credit report? Have you accessed the court records to be sure that a judgment has indeed been entered against you? If you don't recall having a Citibank account there's a very good chance that this is an error, and that you don't owe Midland a dime. I understand that you want to get into a home, but I would definitely invest some time into this before I paid nearly $4,000.00 for a debt I don't recall owing. Also, even though you don't recall having a Citibank account, please know that Citibank owns different credit card portfolios, such as Home Depot and Sears, as well as some gas cards and tire companies. Did you ever have any types of these accounts?


lrhall41

Submitted by mariemegge on Wed, 09/07/2011 - 07:32

( Posts: 168 | Credits: )


hang on a second, dont write that check!

SOL for credit card debts in both WI and MA is 6 years. That means, as long as you are certain about the 1998 date, then these guys are poo-poo out of luck.

I would IMMEDIATELY send a certified letter to the clerk of courts. This letter will be an order to show cause/motion to vacate judgment. You have three legitimate reasons....

1--improper venue, because you were not a resident of WI in 2006 when they sued you, they sued you in the wrong venue.
2--improper service--they never served you a summons; therefore, you were never aware of the suit and you were thus denied your right to due process.
3--Expiration of statute of limitations--though I would probably wait on this one. The other two should be sufficient to have the judgment vacated, and once it is vacated, you can request that they immediately remove the entry from your credit reports. In fact, I would include that request in my motion to vacate.

The hard part here is finding out about the actual age of the debt, or more accurately, the actual age as they reported it when they sued you. Chances are, they may not have even included anything about the age of the debt in the summons and complaint. You need to contact the court clerks office where they sued you and request to view the whole docket for your case. Specifically, you are looking for two things at this point--you need to know what they claimed about having you served, and you need to know what exactly they said about the debt itself--if they identified the name of the original creditor, the age of the debt, etc etc.

Find those things out and let us know


lrhall41

Submitted by skydivr7673 on Wed, 09/07/2011 - 08:45

( Posts: 2036 | Credits: )