JohnnyCakes

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

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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.

I'm not on anybody's back here. I'm currently going through this and I sympathize with the situation deeply. You have an awful lot of nerve making a statement like you made on a board like this. Do you work for a debt collector yourself? I think you should reevaluate your position & how you refer to the people on this board.

I guess I could just ignore the fact that these JDB's are bottom feeders that specialize in harassment & deceitful tactics to obtain exorbitant quantities of money from people that simply don't know any better but then I guess i'd be kinda like you huh?

I'm not arguing that people shouldn't take care of their financial obligations but for you to have the attitude that what these debt collectors are doing is OK is obscene. You should find a hole to bury your head in. This is a situation where you determine what is the lesser of 2 evils. The first evil would be that of the consumer failing to pay for a financial obligation as agreed upon (allegedly). The 2nd evil would be the junk debt buyers harassing consumers with threats of wage garnishment and so forth who generally try to sue you for an amount much more than what was originally owed.....oh and by the way, did I mention these people are just junk debt buyers, not the original creditor?

I'm being sued for almost $1000 for less than $200 in real money...by your way of thinking, it would be awfully noble of me to just pay that huh? This is the situation 9 out of 10 people deal with when they see the first demand for payment from a CA - A bill thats 300-400% more than what it really was.

If debt collectors acted honorably & tried to collect what was actually owed & not some blown up figure that they calculated from god only knows what formula & didn't disgustingly harass consumers....maybe I would see things your way but until hell freezes over, you can kick rocks with your twisted ethics.

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I'm not arguing that people shouldn't take care of their financial obligations but for you to have the attitude that what these debt collectors are doing is OK is obscene. You should find a hole to bury your head in. This is a situation where you determine what is the lesser of 2 evils. The first evil would be that of the consumer failing to pay for a financial obligation as agreed upon (allegedly). The 2nd evil would be the junk debt buyers harassing consumers with threats of wage garnishment and so forth who generally try to sue you for an amount much more than what was originally owed.....oh and by the way, did I mention these people are just junk debt buyers, not the original creditor?

No, I don't work for a CA/JDB. Neither was I defending them. My whole point is that the OP wants to just put this behind him and pay. That's his situation.

Your situation may be different. But, I will say this. As adults, we need to know how to handle our business. A CA/JDB can threaten with wage garnishments and so forth because they have the legal right to file the lawsuit, potentially get a judgment, and yes, begin wage garnishment. The law allows a CA/JDB to explain their right to take legal action. It's not the CA/JDB fault if this scares you.

Yes, the CA/JDBs are mean and rude on the phone. Again, rudeness is not illegal. There is a line that can be crossed into harassment. If you believe you have been harassed illegally, then you prepare your case against the CA/JDB.

If you owe someone money, don't you think they're going to call you. They're not required to be nice. You need to have the emotional maturity to deal with this. You need to know the law and you need to know your rights. Whether you owe a JDB anything is a whole other issue.

Like I've said before, take your emotions out of the process. Use your rational mind, educate yourself and deal with the debt. If you believe that you are being charged too much interest on a debt, research the topic and see if you can find where what they are doing is illegal. If it's illegal, then it become a matter for the court. If what they are doing is legal, then deal with it. You don't have to like it. See if you can negotiate it down.

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No, I don't work for a CA/JDB. Neither was I defending them. My whole point is that the OP wants to just put this behind him and pay. That's his situation.

Your situation may be different. But, I will say this. As adults, we need to know how to handle our business. A CA/JDB can threaten with wage garnishments and so forth because they have the legal right to file the lawsuit, potentially get a judgment, and yes, begin wage garnishment. The law allows a CA/JDB to explain their right to take legal action. It's not the CA/JDB fault if this scares you.

Yes, the CA/JDBs are mean and rude on the phone. Again, rudeness is not illegal. There is a line that can be crossed into harassment. If you believe you have been harassed illegally, then you prepare your case against the CA/JDB.

If you owe someone money, don't you think they're going to call you. They're not required to be nice. You need to have the emotional maturity to deal with this. You need to know the law and you need to know your rights.

Like I've said before, take your emotions out of the process. Use your rational mind, educate yourself and deal with the debt. If you believe that you are being charged too much interest on a debt, research the topic and see if you can find where what they are doing is illegal. If it's illegal, then it become a matter for the court. If what they are doing is legal, then deal with it. You don't have to like it. See if you can negotiate it down.

My apologies for getting fired up and making a foolish statement because I've obviously gotten the wrong idea on your position. This board & these people are fortunate to have a more level-headed person like yourself here to consult instead of just a hot-head like me :)

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I paid the $500 a few weeks ago, they told me they would notify the courts and I shouldn`t have to show up this week. should I believe them or just show up to be sure?

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Do not take their word for it. Call the court and see if your case is on their schedule. If you can't get absolute verification, preferably in writing, by the court that the case has been dismissed, SHOW UP. Did you get in writing that they were to dismiss the suit? Did you get a settled in full letter? Make several copies and be sure to take one to court.

Also keep copies in a safe place. I settled with Midland on one debt as they sent good validation. They tried to collect on the settled item for over a year...their records are crap and the settlement never made it from the attorney back to Midland's files! Again, do not take their word for anything, check everything yourself.

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It was a miserable slimey experience.

Good thing I took your advice and showed up with my paperwork(money order receipt), my name was on the list and I would have defaulted. It got dismissed as settled.They told me to contact midlands attorneys to send me paperwork and the court documentation that it was paid. I had to wait for a half hour in the freezing cold, then it took 2 hours for them to call my name, some of the rudest people I ever met and I paid. I wouldn`t wish this experience on my worst enemy. slimey crooks. It`s going to take me a few days to calm down, I can`t remember the last time I was this upset. I feel like I have been violated. I thank these boards for helping me out. Midland tried to screw me even though I paid.

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Midland tried to screw me even though I paid.

Folks, this is the way companies like Midland do business. Don't forget it.

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I ended up getting them to send me papers saying that my account is now considered settled in full, any idea when this will now shop up om my credit report?

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Hi JCakes--I am so sorry that you had such a HORRIBLE experience with these idiots. They preyed on the fact that they were able to scare you, that they sued you before you did your homework and requested validation, and before you had a good handle on the FDCPA.*Most* lawsuits cannot be proven in a court of law with CA/JDB, due to lack of legally valid documentation and some mess up on the pleadings. I certainly empathize with you. If it were me, I would have gone toe-to-toe with them in court, demanding valid documentation and discovery to prove that the debt was even mine. I would have DEMANDED that the tradeline that they inserted on my credit report be taken off FOREVER, and gotten that in a stipulation between both parties. If they refused to do this, then let's go to court-because it's going to cost them a whole lot more in litigation fees than the debt is worth, and you can request that they remove the negative tradeline to the court and get it in a court order. Furthermore, if you are on disability, those monies are untouchable-and they wanted you to prove that to them? I would have told them that I will show the court in my motion papers that I am on disability-it is not their business how much you get in disability payments! That money is not allowed to be garnished!

Anyway-if you have any further dealings with CA/JDB, ANYTHING and EVERYTHING you do MUST be in writing, never through conversations over the phone! IF you talk to anyone from the CA on the phone, make sure you write down the date and time of conversation, the full name of who you are talking to and their ID number, is applicable. They go a little nutso when you ask them this stuff. Everything before you pay, when they receive the payment and after MUST be in writing, and signed by both of you. BEFORE you even paid the $500, you should have requested something in writing that they would drop the lawsuit within 10 days of cleared payment. Otherwise, they will drag their heels and do it when they get good and ready.

I am NOT condoning not paying your debts-but what I do not condone is the behavior of these CA/JDB to get you to pay. They know the rules, and depend on the debtors to not know the rules, and that is how they operate so that they can degrade you, intimidate you and use every scare tactic they have. They HATE to deal with someone who knows the laws that protect them, because then they can't call you 400 times a day, degrade you and curse at you when you are talk to them, as well as calling you a dead beat, low life, or whatever they have been trained to say. The best way to deal with them is in WRITING ONLY! Then, you have a record of everything. When and if you speak to them on the phone, make sure the conversation is recorded and you make them aware that you are recording the conversation so they can't bring that up in court, that they didn't know. You can produce the evidence that says you did.

I have dealt with a few CA/JDB-mostly over debts that weren't even mine, because I have a very common name-and I know exactly what you went through. However,with age comes wisdom, and I no longer can be intimidated by these people because I know what laws protect me and I also know what laws they are bound by in the collections business. Unfortunately for them, and fortunately for you, their front-line service reps don't, and often they shove their shoe right into their throat when they talk to you.

Remember-everything in writing from these people. That protects you in case they try to "sell" your debt to another JDB on stuff they couldn't collect on. KEEP EVERYTHING FOR AS LONG AS YOU CAN! You never know when JDB are going to rear their ugly heads regarding accounts that were paid off 10 years ago! I have protected myself by saving payment checks and statements from as far back as 1990, on accounts where the OC claimed that I didn't cancel the account (cable company and phone company). I always write on the bottom of the check what the payment is for (i.e. payment to close account, payment for period from xx/xx/xxxx to xx/xx/xxxx, security payment for rent, etc.)

If you have documents you can produce to prove them wrong, they will retreat FAST. If you show you know the presiding laws, they will fuss and usually give up because the legal costs are more than the debt is worth. A small debt is worth challenging, because if their lawyer has to spend more than 2 hours on the case, it is worthless to them.

If you do owe the money, and know you owe the money, try to work with the OC, not a CA/JDB. They are who you owe the money to, not the CA/JDB. Make an agreement to have them fix the negative reporting on your credit report in return for your payment.

The main thing is, you have to demand everything in writing BEFORE you go to court or pay them anything. After they get their money, they couldn't care less about you-but, if they want their money before you have paid, they will get that paperwork out to you ASAP!!

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