Midland Credit Management

[puntarock]

About 10 years ago, My mother had a credit card from discover that she closed, she didn't know she had a balance because she didn't used it but my father did and he had passed away. Dicovery contacted my mother and after numerous phone calls they offered to settle for $834. so she paid this offer to get the account closed and for good and never heard from them again.

Until May 2000, when she got a summens to appear in Kansas City, MO court for a debt collection from midland credit management for $3434. so I called the 800 number on the form and talked to midland. they said it was for a discover bill. I told them that it was paid off, per settlement agreement 6 years ago, they looked it up, and told me just to disregard the notice for court, and they apologized for the inconvenience.

Well a few months later, $180 was deducted from her paycheck for a court order. My mom asked me to call them, which I did, I asked what was going on, they said all questions had to be answered by their attorneys in Overland Park, KS . I called, and they would not answer me why she was sued, and when I called midland, they said it was due to the Discover Card and told me the original amount owed, around $3,500. Well my mom wages were garnished since then and she was going to be done paying on Nov. of 2004. But amazinly, she just received another court order to garnish her wages again. She already has paid aproximately $4,500 and this was going to be the final payment. I called Midland again and asked for an explanation besides not giving me a good explanation they were pretty rude and they told me she stills owes about another $4,500 due to interest, I think this is insane and don't know what to do. I hired 2 different lawyers that said they would help, but didn't do anything but take the little money we had. Help, what should I do to help my mother????

Luigi

Kansas City, MO

U.S.A.

[adminppdotcom]

WOW!

Did you ever contact the court to see what the case was all about? All records like this are public, it would be well worth going to the courthouse and looking at the file to see what's up.

We maybe able to help a little more then.

I sued Midland and won $$, but they are a real peice or work.

[DocDon]

Then report Midland to the FTC and their state Attorney General. Then file a complaint with your state Attorney General.

Then, if you're not happy with your attorneys (who should have been able to do SOMETHING if your story is accurate) report them to their State Bar. Taking money if they knew there was nothing they could do is a big no no.

Then you get on the horn with Discover and get a statement from them regarding this "settlement".

Lawsuits should follow.

As a general note to all, this situation is why you must get everything in writing before sending any money. What if it turns out Discover was lying and just wanted to make a few bucks before selling the debt? No proof of the "settlement"? Looks like a regular payment....

[bigdaddyroy]

The more complaints file about these jerks the better off we will all be!!!!

[c m chase]

I can't stand Midland. I'm in 2 cases with them right now. Here's to getting those suckers shut down next.

Please keep us updated with this.

[puntarock]

Thank you guys for responding. I have prety much done all of that. I can't get to find the proof of payment made to Discover since it was done so long ago. It seems that nobody cares about this. I was told by a lawyer that my only choice it's to declare bankrupcy and of course I don't want to do that. but I don't know what to do. Please help! any suggestion or advice will be greatly appreciated.

[workinninetofive]

I can't stand Midland. I'm in 2 cases with them right now. Here's to getting those suckers shut down next.

Please keep us updated with this.

They are complete jerks. I got lucky and they deleted on mine (probably because of age).... but, it was a fight.

[c m chase]

Ok....are these people getting new judgments on your mother? If so, and your mom isn't knowing about it, you can get them vacated for lack of service.

Something isn't working out right here...if this were the case, judgments would NEVER be paid off and everyone would be paying them forever.

Midland has found out that your mom isn't going to do anything about this, so they're going to keep going after her until she dies or quits working. They don't CARE....they want money....and they will fraud you and your mother any way they can to get it.

Do you have any letters from them at all? Gather them and see what they say. There has to be something here that's not jiving. I've never heard of this before.

Oh...and STOP calling Midland. They're just going to LIE to you. GET EVERYTHING IN WRITING, that way you can use it against them later. If you have to call them, GET A RECORDER.

And what of these lawyers? What do you mean they just took your money and left? What happened exactly?

[puntarock]

Hello everyone and Thank you for responding. I know this sounds incredible but unfortunately it's the truth. I don't know what to do. I have tried just about anything, even trying to settle with those bastards, but they are not willing to settle for less than 80%. I have talk to lawyers and they are telling me that they can't do anything and that there is nothing I can do except pay or declare bankrupcy. Last tuesday I went to another lawyer who advice me to declare bankrupcy and I asked if there was anything else I could do, she did tell me that I could go to court to file a motion to quash; this will stop the garnishment on my mother's paycheck for a while and then I would go to court and Midland will have to show me a detail of how they got to the balance on this account or something like it. Does anybody else knows anything about this?

Thanks a lot!

[DocDon]

"There's nothing you can do". Classic statement from lawyers that don't want to take your case.

Where is Discover in all this? What do they (their executive level, not their 1-800 reps) have to say about the settlement? They should have a record of the correspondence that went out offering the settlement.

Do you have a copy of that letter?

If Midland bought this debt, there is something you can use. This goes for all JDB's:

Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) – Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff’s debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.

There's nothing wrong with doing a little detective work on your own to find some answers. You may find just what you need to show a grevious error on Midland's part.

[LadynRed]

First of all, if there was a settlement agreement 6 years ago, then you should have done SOMETHING to fight the FIRST garnishment, rather than let it go on... and on.. and on.

You most definitely need to file the Motion to Quash to stop this before it goes any further. Stop being a doormat for Midlands muddy boots !

Did she pay the settlement 6 years ago with a check ?? If so, then does she have ANY cancelled checks or statements from that time period ?? If she does not, CALL THE BANK, they keep copies of checks for SEVEN YEARS (and so should you !!). If they have it, get a copy of the check she sent them.

If a personal check was not used, then you have more of a problem, but I would definitely dig for ANY proof she paid a settlement amount.

You need to call the courthouse and get a copy of the judgment case file. That will tell you EXACTLY what they sued for and also tell you when, where, how, and to whom a summons was served for this lawsuit.