keepingitsimple

CA Resident - Midland Credit Management - PRE LEGAL NOTIFCATION

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Hi all,

New California user here. I've read a lot of posts throughout this forum, so I'm hoping someone with more knowledge can help me. I've tried to find something similar to my situation, but cant seem to find it. If someone has a link, please send. If this is a duplicate of someone else, I apologize in advance. Also, I will leave some things generalized since I assume Midland snoops most likely visit this site.

So heres whats going on. I had an AMEX which I stopped paying on and using since June of 2014. In June of 2016, Costco switched from AMEX to Citibank, and my debt was transferred over to them. The amount of debt wouldn't be financially worth it for Midland to file suit. After their attorney fees, they would walk away with little to nothing. Win or lose, I'm broke, so they're literally getting nothing either way. CA SOL says I cant be sued after 4 years. I haven't done anything to restart the process (personally), and my SOL would be in affect as of this last June. My question(s) are:

1. Did my SOL restart when Costco switched from AMEX to Citi? I've seen only one comment on another site, and that person said it does not restart. Would love for that to be the case.

2. Without contacting Midland, is there a way to get a hard copy of my last payment? I tried calling Citibank, but they said to contact Midland because Citi no longer has info.

3. Should I send a cease and desist letter, stating the SOL, and to provide me the proof of the last payment? My assumption is to do nothing, and wait to see if they try to file a suit.

4. Should I file a dispute with Experian since this is an open collection and inform them I am past the CA SOL? 

Lastly, given that this is a pre-legal notification, are there any do(s) and dont(s), besides not contacting them. I'm in no position to settle with them, especially if I've passed the 4 year mark.

Any help is appreciated. Thank you!

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A few things. Generally speaking it’s  not safe to assume midland won’t file suit because it’s not worth it to them.  I have read where they sued over $400 debts. It makes sense because most debts they get default judgments and then they add the court costs and interest to balance. 

Obtaining your date of default is very important for SOL terms. I know Midland would tell you, you can make a request through their website or as you mentioned you can send them a letter requesting it. If it is past SOL you are correct in that they can’t legally sue you for balance.  Typically Citibank deletes the debt from your credit report when they sell. Did they do that for you? If not can see on your Cbr

the debt being past SOL has no bearing on credit reporting so that won’t get you any good. They can report past the SOL.

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@Debtguy393939

I agree with you, I read stories of people being sued for low amounts too, and it makes sense regarding the default judgments.

If I were to send them a letter, would it be better to do so now, or wait to see if they file a suit? How would Midland even have that information? I've checked both creditkarma and through Experian, and neither site has any data besides my last payment (June 2014) and when Citibank took over AMEX. It looks like Citibank has deleted the debt from my report because it isn't in the list of closed accounts. All I currently have is 1 account in collections, which is this Midland account. Are there any other ways to getting my date of default? I'd hate to contact them, and have them try to restart it.

I know the SOL doesn't do anything for credit reporting, but not being sued takes a load of my shoulders for the time being.

Any insight on whether or not my SOL would've restarted when Citibank took over?

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Citibank taking over from Amex would not change the SOL. So that’s not a concern here. Midland would have date of first default. They have a lot of information. Date of last pay. All that stuff.  

I don’t think calling them would trigger anything on their end, they obviously will try to get you to pay. You could call and just say you need two things and will call them back later. Last payment date and DOFD.  

Otherwise just send them a letter or email a request.  I love that Citibank deletes their tradeline. Almost a reward when they sell the debt. 

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On 7/9/2018 at 5:39 PM, bp00 said:

Did they send you a letter in the mail stating that they were going to file against you?

@bp00 no, all I've gotten is the pre-legal notification. They haven't called or sent me anything saying they're actually filing anything. I still haven't contacted them because I'm waiting to hear back from more people on here.

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22 minutes ago, keepingitsimple said:

@bp00 no, all I've gotten is the pre-legal notification. They haven't called or sent me anything saying they're actually filing anything. I still haven't contacted them because I'm waiting to hear back from more people on here.

In my case, I received a letter from the JDB stating I had 30 days to contact them or they were going to file the suit.

Even though I didn't at the time, I think I could have sent them a Bill of Particulars to slow them down on the filing process.

Unless they have given you some sort of time-frame when they plan to file, it sounds like they are just threatening you to me.

More times than not, they don't file when they are bullying you.

In some cases, they do though.

Again, unless they have stated in the pre-legal notification that they are going to file in 30 days, etc; don't do anything at this point.

If they have given a time-frame & depending on the wording of the pre-legal notification, you can hit them with a BOP.

 

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22 minutes ago, bp00 said:

In my case, I received a letter from the JDB stating I had 30 days to contact them or they were going to file the suit.

Even though I didn't at the time, I think I could have sent them a Bill of Particulars to slow them down on the filing process.

Unless they have given you some sort of time-frame when they plan to file, it sounds like they are just threatening you to me.

More times than not, they don't file when they are bullying you.

In some cases, they do though.

Again, unless they have stated in the pre-legal notification that they are going to file in 30 days, etc; don't do anything at this point.

If they have given a time-frame & depending on the wording of the pre-legal notification, you can hit them with a BOP.

 

 Do your rules of civil procedure allow for a bill of particulars to be sent before a lawsuit is filed? 

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10 minutes ago, BV80 said:

 Do your rules of civil procedure allow for a bill of particulars to be sent before a lawsuit is filed? 

i dont think a BOP would be appropriate without a filed complaint. A BOP is an amplification of the complaint, to further detail plaintiff's injuries, damages and claims. i believe, they can simply ignore it. 

Maybe a Debt Validation letter. 

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1 hour ago, keepingitsimple said:

no, all I've gotten is the pre-legal notification. They haven't called or sent me anything saying they're actually filing anything. I still haven't contacted them because I'm waiting to hear back from more people on here.

What is the precise language in the heading of the notice?  Is it "Notice of Legal Placement" or "Pre-Legal Notification"?

Did the notice come from the San Diego office or the Warren, MI office?

In a reasonably large data sample, when the Warren office (which is the offices of the acquired Asset Acceptance ) sends a "Notice of Legal Placement", they often sue in 60-90 days - often times through MCM's internal division of attorneys.

San Diego is less predictable.  They are less likely to use internal legal.  It may take them more time to refer to local counsel and do scoring.

Short answer is that these notices are not meaningless but you still won't know that you're sued until you are.

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11 minutes ago, sadinca said:

i dont think a BOP would be appropriate without a filed complaint. A BOP is an amplification of the complaint, to further detail plaintiff's injuries, damages and claims. i believe, they can simply ignore it. 

Maybe a Debt Validation letter. 

If no complaint has been filed, then there’s no complaint to amplify.   Maybe there’s something else in your rules about it. 

A DV would be appropriate if the letter contained the 30-day validation notice.  

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55 minutes ago, sadinca said:

i dont think a BOP would be appropriate without a filed complaint. A BOP is an amplification of the complaint, to further detail plaintiff's injuries, damages and claims. i believe, they can simply ignore it. 

Maybe a Debt Validation letter. 

@sadinca Thank you for clarifying my stupidity.

A Debt Validation letter is what I was thinking of, but had BOP stuck in my head.

I knew that there was a document so could have sent but didn’t whenever I received my 30-day notice letter. 

This is why you guys are the experts.

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45 minutes ago, BV80 said:

If no complaint has been filed, then there’s no complaint to amplify.   Maybe there’s something else in your rules about it. 

A DV would be appropriate if the letter contained the 30-day validation notice.  

@BV80 I misspoke, it was a Debt Validation letter I was thinking of.

Sorry for the confusion I may have caused & thank you for stepping-in.

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18 minutes ago, bp00 said:

@BV80 I misspoke, it was a Debt Validation letter I was thinking of.

Sorry for the confusion I may have caused & thank you for stepping-in.

 No problem. I’ve done the same thing myself. I’ll be thinking of one thing but will write something else.  😀

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5 hours ago, Pericles said:

What is the precise language in the heading of the notice?  Is it "Notice of Legal Placement" or "Pre-Legal Notification"?

Did the notice come from the San Diego office or the Warren, MI office?

In a reasonably large data sample, when the Warren office (which is the offices of the acquired Asset Acceptance ) sends a "Notice of Legal Placement", they often sue in 60-90 days - often times through MCM's internal division of attorneys.

San Diego is less predictable.  They are less likely to use internal legal.  It may take them more time to refer to local counsel and do scoring.

Short answer is that these notices are not meaningless but you still won't know that you're sued until you are.

@Pericles it says “PRE-LEGAL NOTIFICATION” and then it states “If we don’t hear from you or receive payment by 08-06-2018, we may proceed with forwarding this account to an attorney.”

It was sent from the San Diego office.

 

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10 hours ago, keepingitsimple said:

@Pericles it says “PRE-LEGAL NOTIFICATION” and then it states “If we don’t hear from you or receive payment by 08-06-2018, we may proceed with forwarding this account to an attorney.”

It was sent from the San Diego office.

 

If you can determine the debt is out of stat I would let them forward it and stay silent.

Without seeing the letter it would be hard to determine but they may of mailed you a $1000 + check if you know how to apply for it.

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8 hours ago, millyann said:

If you can determine the debt is out of stat I would let them forward it and stay silent.

Without seeing the letter it would be hard to determine but they may of mailed you a $1000 + check if you know how to apply for it.

@millyann what do you mean? Did they break one sort of rule? What would I apply for, and how would I know if what you're referring to has occurred?

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17 hours ago, keepingitsimple said:

@millyann what do you mean? Did they break one sort of rule? What would I apply for, and how would I know if what you're referring to has occurred?

Determine if the debt is out of stat and post a copy of the letter in this thread. (You can block out personal info)

If they sent you a "prelegal" notification on a debt that is out of statute of limitations, without letting you know it is SOL, that is a slam dunk FDCPA case.

 

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4 hours ago, millyann said:

Determine if the debt is out of stat and post a copy of the letter in this thread. (You can block out personal info)

If they sent you a "prelegal" notification on a debt that is out of statute of limitations, without letting you know it is SOL, that is a slam dunk FDCPA case.

 

@millyann is there any way to get a debt validation, outside of contacting them? As mentioned before, I really dont want to tip them off in case they aren't looking into my case specifically, but if thats the only way, then I will definitely do it.

 

What specifically should I ask for, if I contact them. Also, do you suggest I call, or write them?

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15 hours ago, keepingitsimple said:

@millyann is there any way to get a debt validation, outside of contacting them? As mentioned before, I really dont want to tip them off in case they aren't looking into my case specifically, but if thats the only way, then I will definitely do it.

 

What specifically should I ask for, if I contact them. Also, do you suggest I call, or write them?

A debt collector is only required to respond to a validation request if the letter is sent within 30 days of the initial communication unless he decides to cease collection activities.  

Did the letter you received contain the 30-day validation notice? If so, are you still within that time period?    If the 30-day period has passed, you can still send a validation request, but they do not have to respond to it and can still continue collection attempts  

 If you choose to send a validation request just state that you dispute the debt and request validation. Under the FDCPA they are not required to provide specific documentation.  

 Check out the following thread. 

https://www.creditinfocenter.com/community/topic/329454-deceptive-validation-request/

However, you might want to check your state laws to see if they are required to provide anything specific in response to a validation request. 

You mentioned the SOL. Check your bank records to determine the last time you made a payment on the accountYou don't want to claim the debt is time-barred unless you can prove it.

 

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On 7/15/2018 at 6:43 PM, BV80 said:

A debt collector is only required to respond to a validation request if the letter is sent within 30 days of the initial communication unless he decides to cease collection activities.  

Did the letter you received contain the 30-day validation notice? If so, are you still within that time period?    If the 30-day period has passed, you can still send a validation request, but they do not have to respond to it and can still continue collection attempts  

 If you choose to send a validation request just state that you dispute the debt and request validation. Under the FDCPA they are not required to provide specific documentation.  

 Check out the following thread. 

https://www.creditinfocenter.com/community/topic/329454-deceptive-validation-request/

However, you might want to check your state laws to see if they are required to provide anything specific in response to a validation request. 

You mentioned the SOL. Check your bank records to determine the last time you made a payment on the accountYou don't want to claim the debt is time-barred unless you can prove it.

 

@BV80 @millyann here is the letter they sent me. I've redlined any personal information for obvious reasons. What do you all think? It also states they're not obligated to renew any offers provided, but no offers were provided within this letter other than paying the full amount. The back of this letter has the same account information with consumer rights, however, they did not list any consumer rights for California. Dont know if that matters or not. 

Doc - Jul 17 2018 - 1-35 PM copy.png

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@keepingitsimple

Midland got slapped by the CFPB and, since then, seems to have been pretty good about informing consumers that debts are outside the SOL    Since that notice wasn't included in your letter, either Midland got stupid or the debt is still within the SOL.

If the debt is not time-barred, I don't see a problem with the letter.

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@BV80 I think what happened is that Midland believes because of the Citibank takeover, that the account is within the SOL. I think when they purchased this debt, they saw the last action on this account happened in June of 2016, but didn't dig further to see what it was. I've tried contacting my bank and looking up records for my payments, but my bank doesn't go back those years and have asked that I pay $2 per statement. I'm not sure if I'm going to do that yet, especially since midland hasn't filed anything.

So at this point, what do you suggest I do? Should I just wait it out to see what happens, or take the DV route, etc.?

 

 

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4 minutes ago, keepingitsimple said:

So at this point, what do you suggest I do? Should I just wait it out to see what happens, or take the DV route, etc.?

 

 

Go ahead and DV them it says in the letter they will give you your history. If you are comfortable on the phone you can call them. I would record if you do that.

If the debt is time barred any FDCPA attorney would take your case for you to collect some collection agency cash.

 

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