Judgment from Midland

[adunlavy]

I've read many of the postings on this site and learned a lot, but I have questions that I need help to answer.

I have a judgment filed against me by Midland Credit Management for $1017.69, plus costs and interest to accrue. An alias summons was filed on 11/10/04, and the judgment is being reported on all three credit reports. Attached to the summons was an affidavit by a Relationship Analyst/Plaintiff's Account in the amount of $1017.69. The Relationship Analyst appears to be a lawyer employed by Midland's in-house legal collection agency: Blatt, Hasenmiller, Leibsker, and Moore LLC. When I appeared in response to the summons, I agreed the debt was mine, even though I never sent a valuation of debt letter to either the original creditor or the collection agency, nor do I have decent records of my own.

On 3/15/06, a motion for Non-Withholding Wage Deduction Order was filed by Plaintiff Midland Credit Management, Inc. by its attorneys, Blatt, Hasenmiller, Leibsker, & Moore, LLC. I am assuming I am judgment proof because my wages are already being garnished for current and back child support. At any rate, they were unable to garnish my wages.

The original creditor was Household Bank (SB) N.A. I think the last time I paid on this account was 3/2003. If this is the case, I believe the statute of limitations would run out in 3/2008. (I live in Ill.)

The last correspondence with Midland Credit Management before I was sued, was a statement dated 3/26/04 in the amount of $1019.79 plus 5% interest for a total of $1038.45. The letterhead was Midland Credit Management, but the statement itself listed the current owner as MRC Receivables.

On 1/3/07 I received an offer to settle from the collection lawyers for $734.01, upon which they will update the credit reports to indicate the debt has been settled, and they will send me a letter to confirm the settlement amount is paid if I request it. I had to let the offer expire.

Now, I'm ready to try to settle this in return for a dismissal of the judgment, removal of the judgment from the credit reports, and removal of the same debt being reported elsewhere on the credit reports.

Would what they offered in their settlement offer be enough evidence to get the three things I want done? Would it be better to send my settlement offer plus a letter to dismiss the judgment with the court for the creditor to sign? Who should I send the letters to--Midland Credit Management, MRC Receivables, the Relationship Analyst, or the legal firm? I read somewhere to look up the name of the resident agent and send it there. Is this a good idea? One more question: Should I dispute the Midland Credit Management listing on the three credit reports of $1051 past due before I try to clear the judgment? This is the same debt that is in judgment.

Thanks so much for any help you can give me.

[Big Time]

Ouch.

The only way to get the judgement off your credit reports is to have it vacated (or set aside).

The evil CA people will let you belive that settling with them makes it possible to remove everything bad from your credit reports.

All you will get is the Judgement updated as "satisfied" and the CA tradeline that says "paid collection" or "settled" or even "Settled for less that full amount".

The CA has no control over a judgement gets reported or not, the CRA's get that public info directly for the courthouse.

Even if they honor their expired agreement to accept $734 as a settlement, they will probbaly then just sell the remaining balance to another JDB.

You could motion the court to set aside the judgement if you weren't properly served, but they will surely challenge it.

I'm trying to think what I would do in your situation, since the CA can't force you to pay, even with the judgement. I would offer to pay in full if they agree in writing that there is no remaining balance to seel off to another JDB, agree to delete their tradeline, and not to oppose (or even show up) when you motion to vacate the judgement.

All of this is VERY unlikely, especially about the judgement.

[hiblues]

At any rate it is worth a try to get what you want....

You know what they say about assuming anything.... :D

it all depends how bad they want the money.

I've gotten many of my TL deleted by being nice,

I know that goes counter to what most people

do, and maybe that's why it works.

Send a nicely worded letter, almost using goodwill tactics..

pour on a helping of sap explain why you didn't pay it with a reason they can relate to, expain that the settled

designation is ok, but as they probably already know,

doesn't really help your credit that much. yada yada sap sap.

and then

Counter offer with someting like:

They:

1. Agree that the $700 is accepted as PIF

2. Agree to Delete TL from CR's

3. Agree not to sell or assign remaining balance to any other collection agency or attorney, and

4. Agree not to oppose (or even show up) when you motion to vacate the judgement.

Anyway... it all depends how bad you want it off and how bad they want it paid.

[Big Time]

4. Agree not to oppose (or even show up) when you motion to vacate the judgement.

Shame on you for suggesting such a thing!

Seriously, that is basically conspiring against the courts, which is some serious sh:t, and you should think about it.

Seems like Lizardking, or someone like that, used to motion to vacate judgements against him, then used sewer service so the bad guys wouldn't even show up, but got busted because JDB lawyers use "Specially Apperaring for.." local lawyers for so many cases.

[hiblues]

Posted by Big Time

....., and not to oppose (or even show up) when you motion to vacate the judgement.

I took that from your post..

(hehe)

[adunlavy]

Thanks for responding. You've given me more ideas of what needs to be included in the letter. I'm going to add a letter to this thread for you all to critique in a few days. I'm still wondering where would be the most effective place to send my offer.

Rght now I'm tired of wracking my brain over all this stuff.

[Big Time]

Since they change lawyers sometimes, it's best to send it to Midalnd. They will forward it if they need to.

[adunlavy]

Help! Here's a draft of the letter I'm working on to send to Midland. Please critique. Do you see anything I left out or that I shouldn't have included?

Dear Sir:

I am aware of the judgment placed against me for $1017. I believe I am judgment proof because my wages are already being garnished for child support and will be for quite a few more years because both my children are under eighteen and because I am also being garnished for back child support.

However, I am writing to you in hopes that we may put this matter behind us and settle out the judgment for good, under a few conditions. This will save you time and money trying to collect the judgment and will help me recover from your negative entries against me.

I received an offer from you dated January 30, 2007, to settle for less than the amount of the judgment, but I did not have the money to do so. However, I have now been offered the money from a close family member to pay you $1017 to settle the full debt and have the judgment dismissed in court, along with an agreement that this is accepted as full and final payment of the debt to Midland Credit Management with no additional fees or interest due and no balance due. I am also asking you to agree to have both the judgment in the amount of $1017 and the listing Midland Credit Management is reporting for the same debt as Account#xxxxx in the amount of $1051 deleted from the credit reporting agencies. The money being offered to me to pay this debt is contingent on my receiving written guarantee from you that you accept this conditions.

My offer to pay you in exchange for the dismissal of the judgment in court and the deletion from my credit reports will allow both of us to gain something from this situation.

Upon your signed approval of this offer, I will forward the full settlement of $1017 immediately. I understand this offer is void if I do not send you $1017 within 5-10 days of your signed confirmation.

If you agree to the terms in this letter upon full and final payment of $1017, then you must sign this offer and acceptance and return it to me.

[CantCU]

I am curious why you would offer to PIF, if they have already made an offer to settle for less? Is this so they will agree to your terms?

I'd start with less. I'd take their figure (believe me, they'd still take that amount)...and start there. They'll write back and refuse, but then you can go up a bit and see if they will take the bait.

[cracrap]

on what legal grounds are you goin to file a motion to vacate that the court will accept??and not have the clerk kick back out??