BackFromTheDebt

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Everything posted by BackFromTheDebt

  1. 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.
  2. Please keep us updated. This could be a very long process, but we want to know.
  3. @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.
  4. Expect a few unpredictable things to happen because of overworked Banks, debt collectors and attorneys as well.
  5. 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.
  6. 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
  7. I am happy things worked out for you. Best of luck in these difficult times.
  8. 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,
  9. 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.
  10. Who, exactly, is MCM? Is this Midland? This information is crucial.
  11. 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?
  12. 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.
  13. 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.
  14. 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.
  15. 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.
  16. 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
  17. 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.
  18. 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!
  19. Threats of arbitration, like threats of bankruptcy, can be ignored. Normally we don't recommend preemptive arbitration. This may or may not be a time when you would want to do that. Or at least prepare for it. Why not call them, make an offer, and see what happens? Maybe they have been hard nose with others, but that doesn't mean they will be hard nose with you. Every case is different. If the nice approach doesn't work, then you have to get creative. One possibility -- fill out the JAMS forms for arbitration for this case, and also a sample MTC. Send them to Midland, along with a letter. Explain that you have not filed in JAMS, but are prepared to do so. If they are willing to accept 50% , you will not file in JAMS. If they do not accept, you will answer any summons with an MTC and you will file in JAMS. When they see you already have the paperwork, if they are smart, they will settle. One caveat -- often places have a "policy". The policy may be self-defeating, but the employees have no choice but to follow the policy. An employee who follows the policy, even if it loses money for the company, will rarely get into any trouble. An employee who breaks the policy, even if it saves them money, is far more likely to get into trouble. Which means, if you threaten them with an MTC and a JAMS filing if they don't settle and instead sue on this case, you need to be willing to follow through. An MTC and JAMS filing will cost you very little money, but will cost you time and stress. You have to know for yourself what you are comfortable with. My comfort level may be very different from yours.
  20. If your address is a UPS mailbox, you need to be careful of alternate service methods. Those vary from state to state, but most include having the summons mailed to you. Check your case regularly for this event.
  21. First, turn off the Caps Lock key. It makes it hard to read your posts. Second, check with the CFPB web site to get the credit card agreements. I think Comenty Bank has an arbitration clause. If so, and if it applies to your case, file a Motion To Compel Arbitration. Look up the arbitration thread. Read it, and learn it.
  22. This could be very good for you.
  23. Well, this is way over my head. Since you had the bills sent to an address in Oregon, the courts there might or might not have jurisdiction. Also, what happens when you are sued while living overseas is way beyond my expertise. Here are some answers from some actual attorneys: https://www.avvo.com/legal-answers/can-a-us-citizen-be-successfully-sued-in-a-us-cour-1848699.html I cannot give legal advice. If I were in your shoes, I would at least consider finding the equivalent of a Notary Public, and sending a statement to the court, copying the other side's attorney, that you are living abroad, you never lived in Oregon, and that you were never served with the lawsuit, and you have never seen the documents of the suit. File a motion to dismiss, without prejudice. If you get a default judgment against you, then you will have to seek to have it removed when and if you return to the US. BUT -- the SOL is tolled while you are abroad. You can be sued when you return to the US, even if you are outside the US past the 6 years SOL (in both Ohio and Oregon). So if you spend 7 years abroad, in effect the SOL is now 13 years.
  24. Unless there is something you haven’t told us, the standard procedure is to file your response after being served.
  25. We need more information. 1. Is this for a credit card debt? 2. Who is the original creditor? Who is the JDB? 3. What kind of court were you sued in? Small claims? Magistrate? Circuit Court? etc. 4. What state do you live in, and what state were you sued in? 5. Did you live in the other state when you took out the credit card, assuming it is a credit card? 6. Did you list the virtual address in the other state as your address when you took out the card? 7. Did you have bills sent to the virtual address in the other state? As to how you can see the records -- There are several ways. Court records are public in just about every place in the US. You can drive to the court and look at the records. You could also call the attorney and request that they send you copies of everything, Maybe they will, maybe they won't.