BackFromTheDebt

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Everything posted by BackFromTheDebt

  1. There have been a number of threads on this subject, although most were in the "other", now defunct, forum. Yes, if you still have the bank account you used to pay them, they will know that bank account. Realize that things change very quickly. In the past, it used to be recommended that the debtor clear out his/her bank account before garnishment. So, if a debtor's exam were scheduled, the advice (esp on the "other" forum) was to truthfully answer all questions, then as soon as you leave the exam clean out all accounts and put the money elsewhere. It was also advised that local banks were easier to find than non-local banks. Some people would clear out of their local bank, and put the money in some internet based bank. Sometimes advice has been given to take out any excess money and spend it, such as pre-paying rent or mortgage for a while. I mention this advice is old, and may or may not still be valid. Note that direct deposits and withdraws make this sort of strategy difficult. Before clearing out the money, all those things would have to be dealt with. There are other options, but be careful. I know a guy who hid thousands of dollars in some old newspapers around the house. His wife got fed up with nagging him about throwing away his old newspapers, and, ... I think you can guess the ending of this sad story. I swear this really happened. I know the family quite well.
  2. Actually, I don't know if there is such a site. I made it up. But you are correct. The gold fringe argument is spread by the so-called "sovereign citizens". Helpful hint: judges truly hate the gold fringe argument. Never, ever try it,
  3. Perhaps from the Gold Fringe site. That was for the old timers. There were some threads in the old days about how using a gold fringe argument was the best way to lose a case big time. Here are the facts, simple as A,B,C. A. Strange conspiracy theories travel the internet at the speed of light. (*) B. Some people believe these theories, even when told otherwise by folks with more knowledge. C. People who try out these weird theories in court often get slammed hard by judges. (*) Yes, I know the speed of electrons is actually slower than the speed of light, but the difference is undetectable to your web browser.
  4. I can tell you a little bit about what happened after the financial meltdown a little over a decade ago -- It helped in some situations, but not others. For example, at one point some courts were so swamped with foreclosures that some foreclosures were waiting many months, or even years, to be heard. But eventually the backlog wore off. In some cases attorneys were so swamped they simply weren't filing cases. I had one case sit in the drawer of a law office for a long time. I sent in a DV with a demand for arbitration, and the lawyer left the firm. Eventually the new attorney found the case just before SOL. I did a preemptive arbitration to demand the Delaware SOL, and they eventually gave up the case right before the arbitration hearing. Lesson -- the court proceedings will be delayed, but not stopped. Some will get to live in their homes a while longer. In a few cases, the SOL might pass on debts, in others the Delaware SOL might pass, so watch choice of law provisions. Other examples -- many of the debt collectors were just swamped. I had over $60k in various debts to a large American bank. It kept bouncing around from CA to CA. The bank was too busy for debt validation, so I played a game a whack-a-mole with DV letters. That might have been due to bad records, see below. In some cases, they got swamped and made careless mistakes that hurt their cases. I won a few that way, even against a bank that NEVER loses, except to me. Lesson -- careless, stupid mistakes are random events, and cannot necessarily be predicted. I expect far fewer of them this time, since they learned a lot from last time. However, look at the Midland/suicide thread to see that unbelievably stupid stuff still happens on rare occasions. Stressed out situations may increase the number of stupid mistakes. There are some two things that helped some of us enormously back in the old days, but the banks learned their lessons. So don't count on this. Big change #1 -- bad records. In the old days, some banks just had plain crappy records. I won a case in court due to bad records, between $10-15k. I had other banks simply give up because of bad records. It is possible the American bank that walked away from over $60k did so because their records were really bad. One poster on CIC beat a foreclosure case because of bad records. Kept his house. My current job makes me one of the people insuring that this doesn't happen again. Federal regulators are incredibly strict these days. I know of cases where banks have spent millions of dollars to fix holes costing them thousands. I even know of a recent case where a bank walked away from over $100 million because their records were bad. I cannot tell you details, but I know this for a fact because I worked on the case. Lesson -- do NOT count on the bank's records being bad. These days they are almost always solid gold. They rarely make mistakes, and they are very proactive about fixing the mistakes. Big change #2 -- arbitration. In the old days, the arbitration landscape was changing month by month. It went from a total pro-bank scam to complete chaos to the weird system we have these days. I was able to win some cases in the chaos period. Also, I had some law firms give up cases just because I used the "A" word in my replies. They avoided arbitration like the plague, until the figured it out. Lesson -- the banks and their lawyers know the system a lot better than you do these days. It used to be the other way around. When I was in my 3rd or 4th arbitration against lawyers who had never seen arbitration before, I had an advantage. These days you are the newbie, and they are the professionals.
  5. More precisely, what you get from this board is as close to the truth as we can. Correct, nobody called the OP a liar. I sometimes come over as less skeptical than most, because I feel it doesn't hurt me to assume what I am being told is the truth. If someone is making stuff up, well, no big deal. At least people reading the forum might learn something. There are certain things that happen on very rare occasions that are so weird they boggle the mind. For example, over a decade ago, a collection agency broke federal law and put a nasty note in the mailbox of someone who posted here. At our advice, this person sought out an attorney and got a settlement of a few thousand. Only a few were here back in the days of the Buffalo bully boys, when collection agencies, esp. those based in Buffalo, NY, used all sorts of unethical and bullying tactics. Then-NY AG Andrew Cuomo shut down the Buffalo bully boys, and the combination of the CFPB and FDCPA law suits took care of most of the rest. From personal experience, I can say it was not pleasant to deal with the Buffalo collection agencies. It seemed a bit mind-boggling for Midland, a company that had been hammered hard by the CFPB and FDCPA lawsuits, to resort to this behavior. Not just the one-off remark, but the constant bullying. The experience of most people lately has been reasonably fair and polite behavior by Midland. They really did seem to have mended their evil ways. We can't fact check over the internet. You make a statement, we can't tell if it is true, or slightly exaggerated, or completely made up, or a fantasy. We have seen people who were not completely stable come in here. We have also seen people who told tall tales that turned out to be true. Actually, in some cases I WAS able to fact check over the internet. At one point someone was kicked off this forum for bragging about fantastic results he was getting with an unproven tactic. I was able to access his cases online, find out he was telling the truth, and I contacted him to learn the tactics, which I used even after I got kicked off this forum in my previous name for advocating arbitration. All we can do is suggest the best plan assuming what you say is true. And everyone one agreed that the best plan is for you to see a lawyer. You have an appointment on Tuesday.
  6. I am not that familiar with TN courts. I have relatives in TN, and I think there has been at least one relative in the TN Bar for about 100 years or so. Relatives have been involved in some of the most famous cases in TN My family has been in what is now called Tennessee for longer than anyone can calculate. Tennessee is a rather conservative place. This is not like the Bronx, where juries hand out large verdicts. That is a large part of why I was skeptical of a six figure settlement. The OP has already scheduled a talk with a real member of the TN Bar. The attorney’s opinion is probably more accurate than what any of us can predict.
  7. Please keep us updated. This could be a very long process, but we want to know.
  8. @Harry Seaward and I don’t disagree on strategy. He is more optimistic, I am more cautious in my predictions. That is all. But even if my pessimism is correct, you are still looking at a payout. You know what to do. Do it. I honestly hope Harry is right and I am wrong. There is one way to find out. Sue the b@statds. See if you get the medium payout I predict or the large payout Harry predicts. Sue them not just for yourself, but to stop this unconscionable abuse. Sue them for those who are intimidated.
  9. Expect a few unpredictable things to happen because of overworked Banks, debt collectors and attorneys as well.
  10. You may be correct, if it ever gets to trial. Or maybe not. Maybe less. I have no doubt the CFPB night slap Midland hard as well. Thing is, neither of us have heard the recording, so we are just making completely wild guesses. At this point the OP needs to find a good lawyer. A good lawyer would listen to the recoding, get all the evidence the OP has, and make a somewhat more educated guess— only a guess because juries are unpredictable— as to what this case is worth. And the particular location matters quite a bit. The case would be worth far more in the Bronx, NY than in Enid, OK for example. I agree this could be a decent payout. I just don’t think counting unhatched chickens is productive. Whether you or I are correct doesn’t really matter. Both of us agree as to the OP’s next step. Find a lawyer and push this.
  11. This is why I suggested taking this to an attorney. I have no idea if you could get six figures. I am skeptical. However, you could do a great deal of damage to Midland. Here is the thing. Federal regulators don’t mess around. I have consulted for companies where software errors led to regulators getting involved, because it meant the company was systematically violating regulations. One company wound up with a fine of over $10 million. Another company ate a loss of over $100 million in debt forgiveness because that was cheaper than whatever fine the regulators would throw on if they didn’t eat the loss. Another company I consulted for was fined $1 billion, but that was for a truly spectacular mistake that cost lives and was on the front pages of newspapers for a long time. Midland has regulators breathing down their necks already. This could lead to a large fine. Or they could throw the employee under the bus, fire her, pay a small fine and a small payout to you My guess is you are looking at low five figures personally, unless this actually gets to a jury trial when it could potentially be much higher. But that could take years, and the judge could throw out a large verdict, etc. I don’t have a clue what Midland will wind up paying you. It is possible you could cause them some significant damage So get a lawyer and get the opinion of someone who actually knows what the tape says. Random people on the internet can’t help you out any more Get a pro and pounce
  12. I am happy things worked out for you. Best of luck in these difficult times.
  13. Midland is a big company. Some of the people who work for Midland are complete jerks. That is true. However, some are not. Someone from this site in the past got Midland to drop a court case due to medical expense hardship. If I were in your shoes, I wouldn't wait to be sued. I would call Midland, and ask to talk to the people in the medical hardship division. Those are different people from the debt collectors. You are more likely to reach a real person. I will be very blunt here. You have a lifeline. Don't throw away the lifeline because someone else at the same company allegedly acted like a jerk to someone you saw once post on the internet. For example, one of my kids called me from the airport in tears because she was trying to fly home from college, having been given 72 hours to vacate her dorm, and someone at the airline was going to charge her $100 because her suitcase was a few pounds too heavy. I told her to get into another line. She did, and the ticket counter attendant was very nice, saw she had been crying, and let her slide for the few extra pounds. The moral: if you get a jerk, try again with someone who isn't a jerk,
  14. Midland has a policy If you are in bad financial shape because of medical reasons, they will drop the case. At least one poster has had debt forgiveness this way, possibly more. Look up the Midland web site. Find the policy on the web site. Then contact Midland and ask what documents you need to get the debt forgiveness. Good luck and best of health to you.
  15. Who, exactly, is MCM? Is this Midland? This information is crucial.
  16. And that is how they want you to feel. We need more info to help you. 1. Who was the original creditor? 2. Who owns the debt now? 3. Who is contacting you? 4. What state are you in?
  17. At this point, the question is how much is this going to cost them. It is doubtful anyone will shut down Midland, A few aggressive Attorneys General have shut down some scam operations. Andrew Cuomo, while NY AG, shut down the bulk of the Buffalo boys. We old timers remember how the NY debt collectors were the scum of the earth. One of them, Mitchell N. Kay, shut down right before I could sue them. The MN AG shut down the NAF arbitration scam. He tried to shut down the Messerli and Kramer Law firm, but unfortunately failed. I've dealt with them. They did some illegal things, but the judges didn't seem to care. So not much chance you will get Midland shut down, but you can try. Step 1: Write a letter, ASAP, saying "I refuse to pay this alleged debt. You know it isn't mine." Send that CMRRR. Save a copy, and save the return receipt. 90+% chance you never hear from them again, but if you do, you have them for more violations. Yes, they could sue, but with your tape and the account not being yours, they are the one who will likely wind up paying YOU money,. Step 2: Arrange for an appointment with a good consumer attorney. Include all your evidence. Make a transript of the conversation, and bring it. Play the part where the woman suggests suicide. He will probably be quite ready to pounce, Step 3: After consulting an attorney, it might be a good idea to file complaints with: 3a; The CFPB 3b. Your state's AG Let us know how this goes, please.
  18. There is a lot of information missing from your post. Did you claim there was identity theft? If so, how? Did you send a letter to Midland? Did you claim identity theft in a court document? Did you file a police report? If not, they may have sent you the form in error.
  19. Don't take my word on this, but the banks will often garnish first and ask questions later. I once had a bank account frozen over a judgment when I didn't even know I was sued. If this is a reasonable sum of money, it would make a lot of sense to work out a consultation with someone who could actually give you a knowledgeable answer based on your state laws and your individual situation. Random people on the internet may or may not know the answer, and could inadvertently give you damaging advice. We have seen that happen in the past. There are times when you need an expert opinion. This may be one of them.
  20. These are strange times. I first came to this site, under a different name, during the financial meltdown. I lost my rental properties, which were under water anyway. My house was under water. I had over $100k of unsecured debt. I used this site to get through one of the worst times in recent memory. I am sure there will be quite a few people defaulting on their debts this year. Things are very different now, but we have to keep up to date on the latest. Things change day to day now. So, for the next few months, Coronavirus will delay a lot of court and arbitration hearings. That is how things work NOW. Last week was different. A few months from now might be a completely different ball game.
  21. This is getting into the realm of psychology here. I would always show up in person to argue a motion, on the premise that the judge could see me as a real person, as opposed a disembodied voice. Even when the opposing party phoned it in. The judge probably has met all the lawyers. In current times, a judge might a LOT happier without humans in the courtroom. After all, judges are often quite old. Often times, when lawyers are about to retire, they work as a judge for a while. I had a great-great uncle in central TN who was on the bench until he was about 90
  22. As @fisthardcheese pointed out, it will do absolutely nothing except show them you are paying attention. These days, judges are trying to get as much of their docket done by telephone as possible. The odds that a judge would refuse a telephonic appearance are pretty much nil. In fact, the judge may order the entire hearing to be done by phone.
  23. I am wondering something. I read in the local news that the local county courthouse is changing policies due to Coronavirus. Many cases that were heard in person will now be heard by phone. Other cases will be postponed. Has anyone seen any effects on their local courthouses due to Coronavirus? And, please everyone stay safe and healthy!