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DV Midland or not?


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I'm currently in the process of settling with some CO's and CRA's to get my credit cleaned up and back on track; thanks to all the wonderful information provided on the website and forums. However I noticed an account showing up on my EQ and EP reports as Midland as the creditor. I'm assuming this account was purchased from the OC and Midland was the JDB and current debt owner. Midland does list the original creditor which might correspond to a tradeline on my CR that shows it was last reported around 5/2005. Midland shows that their account was opened on 4/2004 and is still reported to the CRA's almost monthly and no payment was ever paid to Midland.

My question is should I DV Midland since I'm already disputing the tradeline which might be from the OC? I don't remember receiving a dunning letter from Midland unless it's stored in old boxes. It's not due to fall off my report for another year but I need to get this off soon. I thought about calling Midland and just trying to settle instead to make it go away sooner.

Thanks in advance!

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Hi, I would DV Midland and have them prove that you owe them the debt. If you really want to settle, you can send a PFD letter asking that they agree to remove the entire trade line from your CR. You probably should not call them as they'll try to scare you into agreeing to some crazy payment terms.

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im having major issues with midland who is reporting on my cr with collections and jugement.

they wont speak with me because rubin and rothman is now holding the account.

ive been trying to get validation with these people since last october... way before i found this forum.

they have tried sooo many sleezy ways to get this money. not limited to telling me that i would be arrested and detained untill the debt was paid. they said they would not send validation till i made my first payment and sent my pay stubs. stupid me did it.

only a week later they froze my bank.

havent returned a single call from me since april. they call my house and hang up on me, or its just a recording asking me to call them. i think thats just so they have record that they called.

i dv cmrrr with midland and rubin and rothman today. plus filed a complaint with the bbb on both of them.

oh and the oc was already deleted from my cr

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Well I called Midland today to find out about this account. The lady I spoke to told me the dates of when the account was opened and closed, who the OC was and that it was handed over to their attorney's, Eskanos & Adler. I asked her how do they know that the account is actually mine (assuming it was bought from the OC)? Her reply was to call the attorney. I might call them and then decide about the DV route. It seems that Eskanos & Adler are slimeballs and enjoy harassing people at times!

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Even though paying seems like the easy way out, it is not. Paying a CA without a written PFD agreement is an almost sure way to get a paid collection listed on your report. Paid collections hurt your credit just as much as an unpaid one, and are a waste of money.

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I'm not sure if I have to hold off on the DV or not. I just found out that the Midland attack dogs was able to get a Default Judgment placed against me which was approved by the Clerk. I had no knowledge of this nor does any judgment show up on my CR. The funny thing is, is that the summons which was claimed to have been served to me was both mailed to and left with someone at an address I did not live at. In fact, I can prove I was living in a different county!

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  • 2 weeks later...

Well it seems that Midland sued on an alleged debt that was out of SOL and they are also reporting inaccurate information on my CR too! So I spoke to a NACA attorney yesterday about this and was told I have a very good chance of filing a countersuit and winning on several violations. My first step is to get the judgment vacated before we can have some fun.

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  • 1 year later...

Well a lot has happened since I last posted in this a year ago. To recap, I found out last year that Midland's attorney's obtained a default judgment against me without my knowledge of being served. I only found out about this after noticing a tradeline from MRC Receivables and doing some research. I was supposedly served at an old address I was not living at the time.

I placed several calls to both MRC (Midland) and their lawyers, Eskanos & Adler, which resulted in no resolution, only threats. By this time, several months have passed and I was hit without notice about wage garnishment proceedings. I was forced to get a lawyer to get this overturned, because neither Midland or Eskanos & Adler would provide any proof of the debt, especially since they already obtained a judgment against me.

My lawyer advised me that the judgment could be overturned though filing the proper documents and possible court proceedings. I was left with no choice since the dollar amount was close to $10K and I was now faced with having my wages garnished. Not an easy situation to be in, especially when you have a family to support.

Anyways, I filed an exemption on wage garnishment and received a court date, two months after my wages were to start being garnished. I actually had two court dates, one for garnishment exemption and the other to have the judgment overturned. Well unfortunately the judge would not hear both both cases at the same time, so another court date was set a month later. By this time, three months had elapsed with the maximum amount being garnished from my paycheck. Unfortunately my lawyer had to cancel and could not make the rescheduled court date and another month would pass.

While my lawyer was waiting for the third court date to arrive, he was trying to settle this out of court. I told him if they can show proof it's mine I'll settle it and not waste more court time, if not let's fight them and get it overturned, but this resulted in no cooperation whatsoever. The only proof they supposedly had was a recorded conversation with me. I told him that I already called them trying to find out about the debt but did not acknowledge or agree to anything. We both laughed at the notion of a recording as proof the debt was mine. No canceled checks, signed agreements or signatures were ever produced.

Finally my lawyer get to court, the plaintiffs, Eskanos & Adler were a no show and would not take my lawyers call when he tried to call them from court. The judge ordered an immediate cease of wage garnishment, my monies returned and the judgment was overturned. Strangely enough, the judge wanted to wait another month and a half to release my money at a case management meeting where my lawyer and the plaintiffs attendance are mandatory. We both thought that was ridiculous, but that was the judges order.

During this time, five months had elapsed while having my wages garnished, my credit that I had been repairing for the past year went down the tubes and getting behind in bills. Sometimes, not even being able to pay any, not tot mention the stress as well!!!

The best part came a few weeks after my trial when my lawyer phoned me of a faxed he received from the plaintiff where they ordered the sheriff's department to return my monies immediately and not have to wait to the case management trial set by the judge. Finally!!!

I don't want to be greedy but would like some opinions about filing a counter suit for damages incurred during this whole ordeal. i.e. A wrecked credit report, which I know can be fixed, but will take me about two years, physical and emotional stress.

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