MikeyC23 Posted February 9, 2005 Report Share Posted February 9, 2005 Hey! Midland Credit Management took me to court last year(5/04) for a collection and the case was finally dismissed because the SOL expired. Now, 8 months later, I received a letter from Midland stating" You're invited to join the Blah Blah Debt Resolution Program.... For a limited time, MCM will slash 50% of your current balance of $3,500..... "Now, I pulled my credit report and they are not reporting on my bureau. They are still trying to collect on this old charge-off(back in 98') after they took me to court and lost plus the old charge-off even dropped off my credit report.WHAT KIND OF LETTER CAN I SEND THEM SO THAT I DO NOT RECEIVE ANY MORE LETTERS OR PHONE CALLS? Thanks! = ) Link to comment Share on other sites More sharing options...
Leadhead Posted February 9, 2005 Report Share Posted February 9, 2005 Send them a simple C&D letter saying, "don't ever contact me again, per FDCPA 805©."If they do, you can nail 'em. Link to comment Share on other sites More sharing options...
MikeyC23 Posted February 10, 2005 Author Report Share Posted February 10, 2005 Should I also send a copy of the dismissal letter from the court showing that when they took me to court 8 months ago, they lost! Or that doesn't matter? Why are they still trying to collect on a old charge-off that is not on my bureau anymore & they also lost in court! Don't get it! Any help w/ a letter would be greatly appreciated! Thanks! Link to comment Share on other sites More sharing options...
CRDTNogood Posted February 10, 2005 Report Share Posted February 10, 2005 I would just mail them a Certified Mail Return Receipt Requested to them that states this, "I refuse to pay this debt."That's all. See what they do. If they dunn you, you win, if they sue you again, you counter them. The "I refuse to pay this debt" is the EXACT same thing as a Cease & Desist, yet most Collectors don't have a clue what to do with the I refuse to pay this debt language, so they get pissed and call. Link to comment Share on other sites More sharing options...
MikeyC23 Posted February 10, 2005 Author Report Share Posted February 10, 2005 Can they take me to court again? Link to comment Share on other sites More sharing options...
CRDTNogood Posted February 10, 2005 Report Share Posted February 10, 2005 Sure. They could sue, but you would raise your defense, and ask the judge to SANCTION them and pay you for your missed work. I'd also consider filing a counterclaim for malicious prosecution.Remember, I can sue you for whatever I want. If you don't answer, I get default and don't have to prove the merits of the case.Always file a response, whether it be an answer, motion to dismiss, demurrer, judgment on the pleadings, etc. Remember the affirmative defenses, and hammer them home on the out of SOL BAD FAITH suit. Link to comment Share on other sites More sharing options...
Asleep at the wheel Posted February 10, 2005 Report Share Posted February 10, 2005 Nice to see there's still an admin, of PPDOTCOM still posting here Link to comment Share on other sites More sharing options...
DocDon Posted February 10, 2005 Report Share Posted February 10, 2005 The case was dismissed without prejudice? Link to comment Share on other sites More sharing options...
CRDTNogood Posted February 10, 2005 Report Share Posted February 10, 2005 I have maybe 8 posts over there, and I've been on AOC and here for a much longer time. Like I've openly said before, I don't ALWAYS agree with adminatpp.com, but I'm ALWAYS willing to evaluate things from different angles. That's what they've been teaching me at school.Also, the "I refuse to pay this debt" works so WELL, and my consumer law attorney on one of my recently settled Federal Cases was the one that told me about it. I didn't create it, I just made sure it worked... Link to comment Share on other sites More sharing options...
MikeyC23 Posted February 10, 2005 Author Report Share Posted February 10, 2005 Doc, VOLUNTARY DISMISSAL "COMES NOW the Plaintiff, by and through its undersigned attorneys and voluntarily dimisses the action filed herein against the Defendant ME." Link to comment Share on other sites More sharing options...
Leadhead Posted February 10, 2005 Report Share Posted February 10, 2005 Doc, VOLUNTARY DISMISSAL "COMES NOW the Plaintiff, by and through its undersigned attorneys and voluntarily dimisses the action filed herein against the Defendant ME."Doc wants to know if it was filed WITH PREDJUDICE, meaning they aren't allowed to ever file a suit against you trying to obtain relief for that particular claim. WITHOUT PREJUDICE means they are able to re-file in the future. Although the SOL has expired and they could be sanctioned by the court for bringing a suit already dismissed for that reason, as well as be liable for FDCPA violations. Link to comment Share on other sites More sharing options...
MikeyC23 Posted February 10, 2005 Author Report Share Posted February 10, 2005 Hmmm... I don't know.... I'll have to check all my "stuff" in my folder when I get home tonight to see...... I'm not worried about them taking me to court again because they'll lose.... I just want to come up with a good letter to send to them asap so they will go away forever! = ) Link to comment Share on other sites More sharing options...
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