CaliBabe85

Help! First time being sued = Midland Funding. Struggling Student in California!

Recommended Posts

49 minutes ago, MidlandMauler said:

Oh yeah, I forgot the smog and the "outdated infrastructure and unreliable water supply".

And the most important of all. It's Midland's home.

You're right mauler. Smog, infrastructure, water, the crazy CCP 98. California is horrible. Don't ever come here.

  • Like 2
Link to post
Share on other sites
32 minutes ago, sadinca said:

has anyone seen "the check"?

Dying to see it. And get the story behind it. Haven't been this giddy and consumed by anticipation since I saw the first teaser for Back to the Future 2 back in 1989.

  • Like 1
Link to post
Share on other sites
On 1/29/2018 at 12:48 PM, MidlandMauler said:

Have you any personal experience or just posting cases & speculating? You may never hear about most cases that were settled, such as mine.

 

I do.  And I can tell you that way more often than not, your strategy in dealing with a JDB will fail.

Link to post
Share on other sites
On 1/31/2018 at 1:11 PM, fisthardcheese said:

I do.  And I can tell you that way more often than not, your strategy in dealing with a JDB will fail.

You may be right, if one can't properly pull it off. You can't talk too much. Say as little as possible.

File a counterclaim using their discovery as your discovery. Now they need to prove it's not false.

Link to post
Share on other sites

Hi everyone,

I recently recieved a letter from the municipal court stating that I am being Sued from midland funding. I opened a tjmaxx rewards card about 2 years ago and failed to pay it off after graduating from undergrad. I am now in medical school and am equally as poor as I was as an undergrad. 

I am being told that I owe $800 when I only had a credit limit of $500.  I also made payments since then. 

I do not make enough money to pay it all off at once and am afraid that they will garnish my wages. I receive money from school through a grant provided that I do research.  So I am really afraid and don’t know what to do or how to respond.  It says I have to respond in 28 days. 

 

Please help! I’d appreciate any advice at all.

Thank you so much 

Link to post
Share on other sites
37 minutes ago, Mariah said:

I am being told that I owe $800 when I only had a credit limit of $500.  I also made payments since then. 

Once you defaulted the interest rate capped out at 29% on the balance. Add on late fees, over the limit fees and it easily climbs to double what your credit limit was.

39 minutes ago, Mariah said:

I do not make enough money to pay it all off at once and am afraid that they will garnish my wages.

You have a much bigger problem than wage garnishment.  If you are using GradPlus loans to pay for medical school you could lose them for this.  They are VERY strict on not having debt or judgments to qualify for the loans.  I strongly suggest you contact family and see if they can loan you the money to settle this quickly before your loan administrator finds out about the suit.

Link to post
Share on other sites
2 hours ago, Mariah said:

Hi everyone,

I recently recieved a letter from the municipal court stating that I am being Sued from midland funding. I opened a tjmaxx rewards card about 2 years ago and failed to pay it off after graduating from undergrad. I am now in medical school and am equally as poor as I was as an undergrad. 

I am being told that I owe $800 when I only had a credit limit of $500.  I also made payments since then. 

I do not make enough money to pay it all off at once and am afraid that they will garnish my wages. I receive money from school through a grant provided that I do research.  So I am really afraid and don’t know what to do or how to respond.  It says I have to respond in 28 days. 

 

Please help! I’d appreciate any advice at all.

Thank you so much 

First, you will probably get more help if you start your own thread.

Second, is there an arbitration clause in the OC's cardmember agreement?  If so, arbitration is the best way to defeat a JDB.

Even if there is no arb clause, I think it would pay to fight them in court, especially for a small debt like this.  You can easily run up their legal bill with discovery (and in Ohio, they cannot collect attorney fees from you for consumer debt) enough for them to drop the case.  I did this with an OC for a debt over twice as large as yours.  (If you are smart enough to go to med school, you can handle this!)

It would be helpful if you could answer these questions so we have the info we need to be of more help:

 

Link to post
Share on other sites

More thoughts:  some googling on the TJ Maxx card shows it is issued by Synchrony, which has the best arb clause out there.  It will be VERY easy to get this to go away.

 

Research the arb strategy here:

 

  • Like 1
Link to post
Share on other sites
23 hours ago, Mariah said:

Hi everyone,

I recently recieved a letter from the municipal court stating that I am being Sued from midland funding. I opened a tjmaxx rewards card about 2 years ago and failed to pay it off after graduating from undergrad. I am now in medical school and am equally as poor as I was as an undergrad. 

I am being told that I owe $800 when I only had a credit limit of $500.  I also made payments since then. 

I do not make enough money to pay it all off at once and am afraid that they will garnish my wages. I receive money from school through a grant provided that I do research.  So I am really afraid and don’t know what to do or how to respond.  It says I have to respond in 28 days. 

 

Please help! I’d appreciate any advice at all.

Thank you so much 

You can beat Midland by using the Arbitration strategy and they will settle with you for $0.  You just need to put in a little time and work to get it to that point.

  • Like 1
Link to post
Share on other sites
On 3/23/2019 at 11:56 AM, nobk4me said:

I think it would pay to fight them in court, especially for a small debt like this.

In general yes. The OP may have a problem unique to their situation that most consumers do not have.  Their GradPlus loans.  The government has gotten VERY VERY strict on those getting graduate school loans NOT be in debt.  That means no charge offs, no judgments, no garnishment etc.  Graduate school is not a necessity and therefore the loans are viewed as a "luxury" sort of since employment is possible without grad school in most fields.

The OP has to be very careful in dealing with this because the TJ Maxx card being charged off could be enough to cancel their graduate school loans if they are not private.  If they have that charged off account along with other delinquent debts and then end up with a judgment their education could be in real jeopardy.

Link to post
Share on other sites

I hear what you are saying, with the GradPlus loan, but if the OP is being sued by a JDB, the account has been already been charged off, and the government apparently doesn't know about it, or maybe she doesn't have that type of loan..  

She's been sued, so that bell can't be unrung.  The is an arb clause here, so she should be able to win this that way.  Maybe using arb could provide leverage for dismissal with prejudice and removal from the credit reports.

  • Like 1
Link to post
Share on other sites
7 minutes ago, nobk4me said:

I hear what you are saying, with the GradPlus loan, but if the OP is being sued by a JDB, the account has been already been charged off, and the government apparently doesn't know about it, or maybe she doesn't have that type of loan.

The OP has not said whether they are using GradPlus loans or not. There is no telling how often or when credit is pulled to determine continued eligibility.  The point is this particular situation has a potential added complication that needs to be considered by the OP when making decisions.  This could and probably should include a free consult or two with a consumer attorney to discuss the best  way to handle this and minimize potential damage to GradPlus loans if they are involved.

Link to post
Share on other sites
13 hours ago, Clydesmom said:

The OP has not said whether they are using GradPlus loans or not. There is no telling how often or when credit is pulled to determine continued eligibility.  The point is this particular situation has a potential added complication that needs to be considered by the OP when making decisions.  This could and probably should include a free consult or two with a consumer attorney to discuss the best  way to handle this and minimize potential damage to GradPlus loans if they are involved.

As @nobk4me already mentioned and common sense would tell us, the Charge Off and collection status can not be unrung at this point (and have probably been lingering for a while now anyway). When the OP beats Midland and gets a dismissal with prejudice, it will no longer be a valid debt on record to worry about.

Link to post
Share on other sites
9 hours ago, fisthardcheese said:

When the OP beats Midland and gets a dismissal with prejudice, it will no longer be a valid debt on record to worry about.

You know this for certain HOW?  Unfortunately your opinion on whether the OP would have to worry about it is useless.  The Feds have a unique way of deciding for themselves what is relevant when they are loaning $250-500,000 for a graduate school medical education and your opinion means nothing to them.  The last thing the OP needs to have happen is for this to turn around and bite them by having their education support cut off for not managing their debt to start with.  There is a reason that a free consult with a good consumer attorney about the potential risks to their educational future is a good idea.

Blindly following your assumption that defeating it means there is still no threat would be extremely foolish. If the funding is cut off how does the OP pay back that kind of money without the medical degree?   It would be far worse to discover that there were steps they could have taken to prevent the entire problem but didn't because they listened to you that simply getting Midland to back down solves the problem.

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.