pr0205

Midland Case Dismissed in South Carolina

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I was served a summons in South Carolina and entered a reply that there was not sufficient information  in the summons that they or I owned the debt . --the court date was set. I received a rather large package in the mail from Wylie Clarkson's (attorney for Midland) office one day before the court date  stating that they were willing to settle the dept for a "one time pay (about half of what they said I owed) or that I could make $50 a month payments which would be secured by a confession of judgement. the confession of judgement allows us to dismiss the pending case" They furthermore stated that they would leave the offer "open for 15 days of the date of the letter"  Attached to this letter were Bill's of Sales; Affidavit of bills of sale and copies of some old credit card statements. The affidavits did not show any account numbers and only verified that Midland had purchased a computer file--but appeared to not have listed the account number in the bill of sale, etc..

I did not respond to the offer and when  I showed up at the magistrates office for the hearing, the clerk  came out and told me that she had spoken to midland and that the case was dismissed.

Should I be looking for this to come back around again?

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@pr0205

They probably won't bother to file again, but it's impossible for us to know for sure.

When was the date of your last payment, and how much was the debt?

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35 minutes ago, pr0205 said:

Last payment was 09/2015. After everyone added their fees on the debt was about $800

IF they were to refile, they've got a little over a year to do so.   It's my non-attorney opinion, that they won't refile for a debt as low as $800 because they've got easier fish to fry via default judgments and/or consumers who settle instead of fighting. 

When I was sued, the lawsuits were dismissed without prejudice, but I kept an eye on the dockets to see if the plaintiffs would refile.  They never did refile.

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Thanks. I didn't figure that they would either--but I will certainly keep an eye out.  It seems like they do not bother with  showing up (at least in our little town) and are highly dependent upon people ignoring either the initial summons , not bothering to show up for the  second date  or  settling  because of the crazy amount of  documentation that they send that at the very least looks convincing.

Glad I found this site--It was extremely helpful

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55 minutes ago, pr0205 said:

Thanks. I didn't figure that they would either--but I will certainly keep an eye out.  It seems like they do not bother with  showing up (at least in our little town) and are highly dependent upon people ignoring either the initial summons , not bothering to show up for the  second date  or  settling  because of the crazy amount of  documentation that they send that at the very least looks convincing.

Glad I found this site--It was extremely helpful

We're wishing you the best of luck!  :)

From what I've read (court rulings), the law firm you referenced does not appear to be as aggressive as some SC law firms. 

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They can refile but they will not because they know you will fight and it will not be an easy win. Because so few people fight (even with all the information on the internet), they consider dropping this case to be a cost of business.

Lets look at it this way. Let's say that 5% of the people actually stand up and fight them and about 20% of the people they sue are truly uncollectable (disabled, retired, or persons with absolutely no income and never will have income). This means they can collect on 75% of the cases they do get judgements on. Now lets say Midland pays about 5 cents on the dollar for these debts and the lawyers add $200 for each judgement, $100 for themselves and $100 for court costs. Here is the math on 100 $800 debts they take to court.

Total Judgements awarded + $75000
Court costs for 100 cases  - $10000
Lawyer costs for 100 cases - $10000
Cost to purchase debts - $4000
Total Profit: $51000

In other words, for an investment of $24,000 Midland almost doubles their money. No wonder they don't really want to fight.

 

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