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New member being sued in SC by Midland Funding/Korn Law


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I agree. With the huge number of defaults for people who either didn't ever owe the money, or had a suit out of SOL and were ignorant of that fact, I would consider it my duty to collect some actual money from these sleaze bags, both the JDB and their crummy attorneys.

 

Two parties with FDCPA violations, along with multiple months of reporting inaccurate information to the CRAs for beaucoup FCRA violations = a nice payday for both you and your attorney.

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UPDATE!! 

 

Was informed by my attorney that we had required mediation and I could attended via conference call. Long story short, after I gave my attorney my bank statements clearly showing that there was not a payment made within the SOL, my attorney basically told their attorney that if they pursue we are going to sue them for suing me outside the SOL and they need to not file a 1099 for me.  They had no evidence whatsoever. Just the usual bogus documents and affidavits with blacked out areas ect. A week went by and midlands attorney emailed mine and said that they were not sure if they could not file a 1099 but were willing to dismiss with prejudice and offer me $100 to cover possible tax liabilities from a 1099. Hilarious. These people are truly dirt bags with zero morals. And they can be beaten. They were trying to sue me for over 8K. 

 

Midland cannot issue a 1099-c on this debt because they are not the original creditor who benefited from the write off.  Only the OC can legally issue the 1099-C and if they do Midland has no control over it.  Midland bought the debt knowing it was bad therefore they took a calculated risk they would lose the amount invested in purchasing the portfolio.  If Midland DID try to issue it my argument to the IRS would be Midland never proved I owed them a penny therefore they can't issue the 1099-C.

 

I would stand firm that they "offer" the full $1000 available for FCDPA violations and my attorney fees.  You at least deserve that.  Congratulations.

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@Wins the Battle

 

Unless there's a judgment, a lawsuit doesn't show up on your CR.  The things you mentioned would not necessarily be evidence of willfulness.

 

However, if TLs are inaccurate, even due to negligence, and they caused you to be denied for a loan or interest rates or premiums to rise, proof of those things could result in an award of actual and punitive damages under 1681o.

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  • 4 weeks later...

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