MidlandCredit-Iwon in court 8 mo ago&still trying to col

[MikeyC23]

Hello! I need some help/advice... this is a good one! = )

I just received a letter from Midland Credit Management for an old credit card I charged off 7 years ago. It reads "You're invited to join the "Blah Blah New Year Debt Resolution program. We are willing to slash 50% of your current balance...."

Now, the funny thing is that last year they(Midland Credit) took me to court. To make a long story short, the case was dismissed by the plantiff(Midland) because of the SOL. Now, they are trying to collect again! What should I do? Can they take to court again? Obviously I'm not going to pay them but what should I do?

Thanks! = )

[Leadhead]

This is a clear FDCPA violation: They're misrepresenting the legal status of the debt, especially since their last suit was dismissed for being out of the SOL.

I'd sue 'em!

[c m chase]

If you don't want to sue them, you can send them a cease communications letter...that way they CAN'T send you anything anymore.

Of course, they still might...and THEN you sue them.

[MikeyC23]

Thanks! I don't want to sue. Can they keep trying to collect even if I won the lawsuit last year?

How do I go about finding a cease communication letter & what do I say?

I haven't pulled my credit report in about 4 months. Over 700 on all reports but I don't want Midland to be on my bureau.

thanks!

Mike = )

[c m chase]

If you charged off 7 years ago, it should be falling off soon anway. When is the date of last activity? Do you know? You can probably dispute with the CRAs as 'obsolete' if it's near.

That's the easy way.

If the reporting SOL isn't up yet, you can send an ITS (intent to sue) to Midland for various things...whatever you can scrape up on them. Tell them THEY know they can't sue you but YOU can sue THEM for ...blah blah blah....whatever it is. Tell them you want it deleted or you will sue.

If you want to send a cease communication (which you may want to do anyway), just write them a letter saying "Your company keeps calling my home and/or place of business. This debt is past the statute of limitations and I am therefore not required to pay your company for it. As afforded to me by the FDCPA, I am advising your company to cease all communications with me in regard to this debt." Or something like that...it can be just that simple.

If you want to be a hardass, or if they keep messing with you, file complaints with the BBB of San Diego, the CA attorney general, your state attorney general, and the FTC.

If you're looking to be a little ornery, which I probably would, I'd go ahead and answer the phone...and record the conversation. I bet you'd get them on lots'o'violations. That's if you want to make some easy money.

[MikeyC23]

Thanks Chase! I'm going to pull my credit report tonight and see if they are on my Equifax. Midland is so stupid to try and collect on a debt 8 months after they took me to court and lost! It just shows you how collection agencies really are!

DOL for C/O acct was 5/98. Almost 7 years but the c/o account Midland is trying to collect on is already off of my credit report. So, not only are they trying to collect on a debt that is time-barred, but also not on my report & after they lost taking me to court! LOL!!!

After I pull my report tonight, if Midland is on my Equifax, I'll let you know and maybe you can give me a few pointers on what to write to them....

thanks! Comments/advice is welcome!!

= )

[MikeyC23]

A collection agency can still try & collect an old debt that is time-barred(past the SOL)? Correct?

I'll be pulling my report tonight Chase & I let you know if they are on it!

thanks to all! = )

[LadynRed]

They can TRY to collect until Hell freezes over, but once the SOL expires, they lose the LEGAL means to enforce collection.

[Leadhead]

Sorry...I misread your post. I thought you said Midland was trying to sue you again, knowing the SOL had expired. I'm a big dummy.

All they're doing is offering you 50% settlement.

What you can do is send them a letter demanding they never, ever communicate with you again, as per FDCPA 805©.

If they do, it's a violation.

[MikeyC23]

You said "What you can do is send them a letter demanding they never, ever communicate with you again, as per FDCPA 805©.

If they do, it's a violation"

Because they took me to court and lost?????

Should I call or write a letter?

thanks! = )

[Leadhead]

You said "What you can do is send them a letter demanding they never, ever communicate with you again, as per FDCPA 805©.

If they do, it's a violation"

Because they took me to court and lost????? No, having taken you to court has nothing to do with it. Under FDCPA 805©, once you tell a CA to stop calling, writing, etc., they must do so or they're in violation. And since the SOL is up, they can't sue you for it. If they tried that, you could nail them for misrepresenting the legal status of the debt.

Should I call or write a letter? Always write and send it CMRRR.

thanks! = )

[adminppdotcom]

You said "What you can do is send them a letter demanding they never, ever communicate with you again, as per FDCPA 805©.

If they do, it's a violation"

Because they took me to court and lost????? No, having taken you to court has nothing to do with it. Under FDCPA 805©, once you tell a CA to stop calling, writing, etc., they must do so or they're in violation. And since the SOL is up, they can't sue you for it. If they tried that, you could nail them for misrepresenting the legal status of the debt.

Should I call or write a letter? Always write and send it CMRRR.

thanks! = )

All you have to say is "I refuse to pay this debt " That's all the statute requires. If they contact you attempting to collect after that, sue

I have their bank account info if you need to attach it for payment lol