JohnnyCakes

Disabled student on Disability in Ma. being sued by Midland for $700

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Hi,I am a newbie and have been pouring over this site for hours over the last few days.

I got summoned a few months ago to appear in smail claims court in Massachusetts at the end of February for $700 hundred dollars. What I wanted help with is

I also got a letter from the attorneys representing Midland that to avoid further court proceedings I could call them or go thier website to work with them. Do I make a deal over the phone/website or do I just settle when I go to court? If I settle over the phone/court do I still have to go to court to make sure. thanks. I appreciated any info on this.

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Is this debt still within the SOL? Also, did you ever write Midland a DV letter? Did they respond? Are they acting as a CA, trying to collect for an OC, or, as a JDB do they claim they own this alleged debt?

All important info that you should post to get the best advice. Also, being that you are on disability, I would imagine makes you judgement proof, assuming that is the sole source of your income. Anyway, answer the above questions, and you will get great advice here to help you overcome this problem.

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Is this debt still within the SOL? Yes

did you ever write Midland a DV letter? I didn`t. should I and how?

Are they acting as a CA, trying to collect for an OC? Yes they are collecting from Mastercard Tribute

Also, being that you are on disability, I would imagine makes you judgement proof, assuming that is the sole source of your income. Yes disability is my only income. What does judgement proof mean?

I should add, I am trying to fix my credit, my grades are good in college, I rather not have a bad strike on my credit because of this.Thanks for any help.

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Being on disability and being judgment proof means this, if your are sued and they other party gets a judgment against you for that debt they other party can not garnish your wages.

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I rather settle and pay some debt. I want my credit to be not affected by this.

Should I call/website to make arrangements or just make a deal at court?

My main concern is if I make a deal over phone/website, they will still come after me at a later date. See I rather have good credit. a judgment proof seems like it would still go on my credit report. This the only debt I owe.

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Johnny, if you're being sued by Midland, it's probably for money that you don't owe; at least not all of it.

It might be worth a call to the Plaintiff's attorney. Let him know that your source of income consists of protected funds and that you would like to work something out. If they proceed with the suit and get a judgment, despite your financial condition, tell him you won't pay. If they drop the case, you'll make payments.

As for me, I would NEVER pay scum like Midland a penny, but you have to do what's right for you. Good luck!

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Do I still have time to file an answer? the trial is feb 26 and I would like to settle for the 300 hundred the card was for($185 of it was activation fees) is there a link to a good answer I could use to respond to this with some tweaking?

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Pick up the phone and call the attorney. You can end this today.

thanks and last question

also I just checked my fico score and this is on it

Current Status [?] Past Due Amount [?]

$700 Account seriously past due date/account assigned to attorney, collection agency, or credit grantor's internal collection department

????? any help with this information? thanks

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I dont know MA rules of procedure but you probably only had 20-30 days to answer the complaint. So its probably too late to file an answer. If this is your only debt, (dont let them know that), do what Nascar said. And if they do agree to settlement, have them send it to you in writing, and that the lawsuit be dismissed with prejudice, and that they remove it from your credit report or report it as "paid in full".

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I dont know MA rules of procedure but you probably only had 20-30 days to answer the complaint. So its probably too late to file an answer. If this is your only debt, (dont let them know that), do what Nascar said. And if they do agree to settlement, have them send it to you in writing, and that the lawsuit be dismissed with prejudice, and that they remove it from your credit report or report it as "paid in full".

So I would call them, make settlement,have them send it to me in writing and then show up in court with the settlement showed as paid,then asked judge to dismissed with prejudice? thanks

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So I would call them, make settlement,have them send it to me in writing and then show up in court with the settlement showed as paid,then asked judge to dismissed with prejudice? thanks

call him, reach an agreement, he drops the suit, no need to go to court. Your only leverage against a judgment is telling him that he'll get ZERO if he doesn't drop the suit.

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I called they won`t drop the suit and I offered $380, they actually hung up on me twice. They tried to find out how much my disability monthly check was.I said I want pay to delete and I would fax them a contract in writing. they said they dictate the terms in hung up on me twice. very rude people, I tried to be nice to them.

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One of there lawyers called me tonite to settle for $525,I am thinking of doing it, the best he can offer me is settled on the credit report and he will dismiss the charges, he also wants me to send him proof that I am disabled,I don`t want to send him any papers of my disability because it tells how much my income is a month plus it has my social security number on it.I don`t want strangers knowing my social security number. any last advice?

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Personally, if it were me and they refused to settle for what the debt was actually for AND would not offer a complete deletion on my CR after debt was settled AND this was not in writing, they wouldn't get squat. Additionally, if they can't produce validity of the debt showing that they have any sort of signed contract from me with THEM, they wouldn't get squat.

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Hi,I am a newbie and have been pouring over this site for hours over the last few days.

I got summoned a few months ago to appear in smail claims court in Massachusetts at the end of February for $700 hundred dollars.

Since it's not February yet, and this IS small claims, I would see if Massachusetts law lets you get a continuance, if you need a reason, and it's applicable, just cite your disability as why you need more time.

Push that court date back as long as you possibly can.

I would not let this thing go to judgment without a huge fight on your part, as even if you paid that judgment it will remain on your CR for up to a decade, paid or not.

Have you read this yet?

http://www.mass.gov/courts/courtsandjudges/courts/districtcourt/smallclaims.html

Is the defendant required to file an answer?

The defendant may send a signed letter to the court, saying clearly and simply why the plaintiff should not prevail. This "answer" should state those specific parts of the claim that are denied. However, the defendant is not required to file an answer. The defendant must send the plaintiff a copy of the answer, if one is filed. In the answer, or in a separate letter to the court, the defendant may set forth in writing any claim against the plaintiff within the jurisdiction of small claims court. Both claims will be treated as one case if the defendant mails a copy of his or her claim to the plaintiff at least ten days before the scheduled trial date, or if the magistrate orders that they be so treated. Such claims are not compulsory. The plaintiff need not file a written answer to the defendant's claim.

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Maybe I should just pay the $700 and get PAID AS AGREED.My fiancee and I would like to own our home condo in 3 years,I would hate to have settled ruin it for us.

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You have to decide how much time and energy you want to put into this. If you want it over and done, then pay the money and get Paid as Agreed. In a few months, you can try disputing it off your CR. You have 3 years to try to get rid of the TL.

Consider your options. Some things are worth fighting, some things aren't worth it. You decide.

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My god please don't pay Midland. These are the worst scum-sucking-low-life-dirt-bag JDB's on earth. Do a little research on Midland and you'll uncover a very shady company with countless complaints of FDCPA violations with a well known reputation for buying junk debt and harassing individuals. Don't talk to these people over the phone & I certainly can't believe anybody here would advise you to do such. Read this http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=292720 then determine how you want to proceed. Do you honestly believe these people have the original contract YOU SIGNED for this garbage credit account. Keep in mind that the original creditor didn't sue you b/c they can't win in court...why the heck do you think midland is any different? They specialize in harassment, thats why. They know how to get people like you to settle & default b/c that's what they specialize in. They have training classes for employees that show them how to intimidate people like you without breaking the law and so on and so forth...ya get the picture here? You're 1 out of thousands of people they're doing this to...If you have not given them any admission that this is your account ON PAPER that they can use as proof, I would tell them SEE YOU AT TRIAL! If you're still not confident about handling this on your own, a lawyer will charge you 2 hours to take care of this and have it dismissed. 1 hour consultation and 1 hour trial. That equates to approx. $300-400 or you can do it on your own for free. Think about this logically....these people can ask for a good chunk of money in attorneys fees if they actually went to trial so why don't they take EVERY case to trial & get an extra $400 or $500 on every case....BECAUSE THEY USUALLY CAN'T WIN AT TRIAL! I suggest you file an answer & a request for production of papers directed to the plaintiff requesting the original signed contract, all signed credit slips bearing your signature on said account, proof that the alleged account was assigned to the CA that's suing you etc...

I assure you, when you drop that baby in the mail certified w/receipt, you'll feel like a million bucks b/c you just put a 30-day clock on them. For once it's them that has to jump and not you.

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I told them I settle for $500 and I would only pay if they sent me in writing that I would get a dismisal and they would call cra and say account is settled. that seems the best I could do. They originally contacted me by mail in october for the late february court date,I didn`t find out about this board till early January.It was kind of scary on the phone when he read off my social secuity number without me telling him it and he said we know more about you then you think. any more advice or did I screw myself?

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You didn't screw yourself. You made a choice. You're an adult. You can do that. If they don't respond, you may want to submit the offer in a letter. It's always best to have a paper trail for everything.

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I told them I settle for $500 and I would only pay if they sent me in writing that I would get a dismisal and they would call cra and say account is settled. that seems the best I could do. They originally contacted me by mail in october for the late february court date,I didn`t find out about this board till early January.It was kind of scary on the phone when he read off my social secuity number without me telling him it and he said we know more about you then you think. any more advice or did I screw myself?

No you did not screw yourself at all. You were just a victim of junk debt buyer harassment like many others on this board. You have got to understand these people you speak to on the phone have been "TRAINED" to harass you. I'm not embellishing here one bit...these people sit in a call center & go through company sponsored training on how to get people to settle & they get commission off of you. You're like a sale to them...except they don't have to be nice to you and they're not giving you a product or any tangible service when you pay them...kinda like blood money.

What you need to do is do a search for "debt collector cease and desist letter". You'll find a template & you send it to those dirtbag lowlifes certified mail w/return receipt & that officially makes it illegal for them to call you at your home or place of business. (i.e. no harassment tactics to upset you). Junk debt buyers specialize in intimidation....they use key words to make you scared & they know what works. If they had anything to win in court do you really think they would be using cheap harassment tactics over the phone by an employee probably makin $9.00 an hour + comission off your "sale". I hope you're getting the picture here...these people are scum & they do not deserve your fear or respect.

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BRJ, will you get off his back. He asked for information, he got it and he made a decision. You don't have to like it. It's not your life. To be honest, I wouldn't go through a bunch of hassle for a debt this small. This person wants to put this behind him and move on. Let him do that.

You choose what's right for you and he'll choose what's right for him.

Let's not forget that WE are the ones who started the whole problem when WE didn't pay our bills. Our responsibility doesn't go away just because a debt is sold. So, your "bloodsport" attitude and opinion is not needed in this situation.

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"Let's not forget that WE are the ones who started the whole problem when WE didn't pay our bills."

Whoa, SG! Usually I agree with you but acting like a 3rd party collector aint gonna gain you any respect here....

No matter who did WHAT, the OP did NOT deserve the way he was treated by the scum at Midland.

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It's not about Midland. It's about the OP. He wants to move on. Let him.

Every fight isn't worth fighting.

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