MRC Midland Credit Scam?
Date: Tue, 09/06/2011 - 23:01
Welcome to the forums!!! It???s a tricky situation. You sho
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.
Midland Scam
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?
hang on a second, dont write that check! SOL for credit card de
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