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Midland Credit payment plan accept or risk being sued

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My opinion is don't pay Midland a red cent. My guess is others will share that opinion. Read up on Midland a little. I know nothing about your case but paying Midland anything should NEVER be an option. You would be better off putting that money in a blender with some cheap beer, mix it up really good, drink it, wait about an hour and then literally piss it away.

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I do not have a case yet. They just are trying to collect an alleged debt from HSBC. No legal action just a letter for a payment plan.

 

If this is your first contact with them you can send back a letter denying the debt. This will stop any "account stated" they may try. It will also let them know you know what your doing. They like easy prey and educated people are like Kryptonite to them.

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My opinion is don't pay Midland a red cent. My guess is others will share that opinion. Read up on Midland a little. I know nothing about your case but paying Midland anything should NEVER be an option. You would be better off putting that money in a blender with some cheap beer, mix it up really good, drink it, wait about an hour and then literally piss it away.

 

While I agree with everything you said (especially the part about the blender :-)), in my opinion, the highlighted phrase should be qualified.  There are instances when one possibly should pay a JDB.  For instance, if a consumer is attempting to secure a mortgage, the lender may require that unsettled debts be resolved.  In that case, you may not have time to argue whether or not the JDB owns the account, has a right to report, etc. 

 

If one has been sued, it could depend upon his state laws, any evidence, and court precedent.  By laws, I'm referring to garnishment and liens.  If a consumer lives in state that doesn't appear to be debtor friendly, and there's no case law regarding a valid assignment, chain of ownership, etc., a consumer whose wages could be garnished or who has property that could be taken might prefer to settle rather than take any chances.

 

Don't get me wrong.  I don't advocate settling with JDBs under most circumstances.  I just wanted to point out that there are times when it might be necessary.  Suggesting that it is never an option might make some posters feel like failures.  But that's just my opinion.

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While I agree with everything you said (especially the part about the blender :-)), in my opinion, the highlighted phrase should be qualified.  There are instances when one possibly should pay a JDB.  For instance, if a consumer is attempting to secure a mortgage, the lender may require that unsettled debts be resolved.  In that case, you may not have time to argue whether or not the JDB owns the account, has a right to report, etc. 

 

If one has been sued, it could depend upon his state laws, any evidence, and court precedent.  By laws, I'm referring to garnishment and liens.  If a consumer lives in state that doesn't appear to be debtor friendly, and there's no case law regarding a valid assignment, chain of ownership, etc., a consumer whose wages could be garnished or who has property that could be taken might prefer to settle rather than take any chances.

 

Don't get me wrong.  I don't advocate settling with JDBs under most circumstances.  I just wanted to point out that there are times when it might be necessary.  Suggesting that it is never an option might make some posters feel like failures.  But that's just my opinion.

 

I have to agree with BV80... but I don't like it. Haha  All inclusive statements do tend to get me in trouble.

 

How about, I believe one should do everything in their power not to pay a JDB? 

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I would not pay them anything or even talk to them.  According to Midland they file suit on around 2% of the accounts they purchased based on result of their  “proprietary analytics” formula. So at this point their is no way of knowing if they will sue you or not. 

 

I would keep copies of all letters they send you and any phone messages they leave you. If they end up suing you odds are pretty good they will violate your rights under the FDCPA. At that point you can talk to an attorney that specializes in consumer debt and go from there. I can't tell you what will happen, but that is how I would handle it. 

Good Luck!

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Thank you. I am already being sued so I sent a copy of the letter to my lawyer. I juat do not have the money to retain again :/ if they sue me in the future.

 

That is important information to have in your original post.  So you are saying you are currently being sued by Midland and they just sent you another letter for a different account?

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If this is your first contact with them you can send back a letter denying the debt. This will stop any "account stated" they may try. It will also let them know you know what your doing. They like easy prey and educated people are like Kryptonite to them.

OK I think I am going to send them some letters back. Is there some special form for this or a good way to tell them I am not afraid and can they prove the debt? Any help is appriciated :)

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The prevailing opinion is to not pay.  However, in the extreme chance you choose to settle with them. ABSOLUTELY ONLY DO IT ALL IN WRITING ... NO EXCEPTIONS, with every mailing sent CMRRR, again, no exceptions.  If they call, do not discuss the matter on the phone.  Tell them that you do all business and legal matters only in writing, and that there are no exceptions.  Better yet, just fight it.

 

My general view on working out a debt is to do so only with the OC (and only if you actually owe it).  You and the OC agreed on a deal originally.

 

If the OC places the debt for collection, just C&D the collection so they send it back to the OC, then deal with the OC.  They may still try to send it to another collector.

 

If the OC sells the debt despite you trying to work out a repayment settlement with them, then they have given up.  If the JDB is paying them more than you would have offered, stupid on them.  Whatever the case is, they chose to accept way less than the full amount.  Now you are dealing with a gambler that is betting they can get more out of you than the OC was willing to accept.  If they would have won that bet, you could have just paid that to the OC in the first place.  But why should the OC suffer from the loss and some gambler win it?

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Thank you the articles where helpful. I have no job I am a SAHM since hubby is deployed all the time. Nothing is in my name however I hate the risk of loosing and them going after my husbands money. We do share a bank account. And own some things ..again those are all in his name. I have had nothing put in my name since 2005 I think. So I dont know how ugly they get with going after your partners wages/tax money ect..will look into it.

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OK I think I am going to send them some letters back. Is there some special form for this or a good way to tell them I am not afraid and can they prove the debt? Any help is appriciated :-)

 

The debt validation (second link from Admin) is the way to go. How is the other case going? Need any help?

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I hired my lawyer yesterday and he said he contacted the other party (Calvary) and it is being dropped. I have nothing in writing yet he said Wed or Thurs. So far no papers served either. So I hope thats all true and this one is over. How about using the debt Validation and sending to my current council? :) Should I send it certified mail? Sorry I have not gotten to the second artice yet saved it to my computer.

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I hired my lawyer yesterday and he said he contacted the other party (Calvary) and it is being dropped. I have nothing in writing yet he said Wed or Thurs. So far no papers served either. So I hope thats all true and this one is over. How about using the debt Validation and sending to my current council? :-) Should I send it certified mail? Sorry I have not gotten to the second artice yet saved it to my computer.

 

That is great news.

 

I send everything certified mail. It stops the "We never got that" crap.

 

Good luck.

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Thank you the articles where helpful. I have no job I am a SAHM since hubby is deployed all the time. Nothing is in my name however I hate the risk of loosing and them going after my husbands money. We do share a bank account. And own some things ..again those are all in his name. I have had nothing put in my name since 2005 I think. So I dont know how ugly they get with going after your partners wages/tax money ect..will look into it.

To start with your DH has protections under the Service Members Civil Releif Act. He can have any court case stayed for up to one year after he returns from active duty. If you get a summons you need to inform the court that DH is deployed, that invokes the court and the collectors to ad-hear to certain provisions under the law.

 

Is he deployed now? There is another poster in the forum that is a TN attorney.. TNConsumerAttorney.

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I hired my lawyer yesterday and he said he contacted the other party (Calvary) and it is being dropped. I have nothing in writing yet he said Wed or Thurs. So far no papers served either. So I hope thats all true and this one is over. How about using the debt Validation and sending to my current council? :-) Should I send it certified mail? Sorry I have not gotten to the second artice yet saved it to my computer.

You got the Release didn't ya', lol!  I told you that I would come through.

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