scni85 Posted August 17, 2018 Report Share Posted August 17, 2018 I received a letter from Clarkson and Hale LLC on behalf of Midland Funding. The original creditor is Synchrony Bank-CareCredit. The notice states that they represent Midland and includes the amount owed (less than $1500). It also states that I have 30 days to dispute the validity and that doing so many not prevent the office from filing a lawsuit within that time. My last payment to Synchrony was in May of 2017, and Synchrony notes the date of default as week after that payment. How should I respond to the letter? I may be able to make very small monthly payments but not very much as I am low income (defaulted after job loss) and experiencing financial hardship. However, I'm not sure if it would be a mistake to call the representing lawyers to discuss? I am just trying to avoid actually being sued. I have also recently moved to Georgia and not sure how or if that impacts the way I should proceed. Any advice would be greatly appreciated, I have never been in this situation before. Thank you. Quote Link to comment Share on other sites More sharing options...
BV80 Posted August 17, 2018 Report Share Posted August 17, 2018 3 hours ago, scni85 said: I received a letter from Clarkson and Hale LLC on behalf of Midland Funding. The original creditor is Synchrony Bank-CareCredit. The notice states that they represent Midland and includes the amount owed (less than $1500). It also states that I have 30 days to dispute the validity and that doing so many not prevent the office from filing a lawsuit within that time. My last payment to Synchrony was in May of 2017, and Synchrony notes the date of default as week after that payment. How should I respond to the letter? I may be able to make very small monthly payments but not very much as I am low income (defaulted after job loss) and experiencing financial hardship. However, I'm not sure if it would be a mistake to call the representing lawyers to discuss? I am just trying to avoid actually being sued. I have also recently moved to Georgia and not sure how or if that impacts the way I should proceed. Any advice would be greatly appreciated, I have never been in this situation before. Thank you. If you don't mind, could you please show us the letter with your personal information redacted? Quote Link to comment Share on other sites More sharing options...
scni85 Posted August 17, 2018 Author Report Share Posted August 17, 2018 On 8/17/2018 at 12:24 AM, BV80 said: If you don't mind, could you please show us the letter with your personal information redacted? Sure: Quote Link to comment Share on other sites More sharing options...
BV80 Posted August 17, 2018 Report Share Posted August 17, 2018 @scni85 Was there a disclaimer anywhere on the letter (including on the back) that referenced attorney involvement? Quote Link to comment Share on other sites More sharing options...
scni85 Posted August 17, 2018 Author Report Share Posted August 17, 2018 22 minutes ago, BV80 said: @scni85 Was there a disclaimer anywhere on the letter (including on the back) that referenced attorney involvement? No, the backs of both pages are blank. The only reference to an attorney is in the last paragraph of the first page which states that a check can be made payable to "Clarkson & Hale, LLC, as attorney for Midland Funding LLC". Quote Link to comment Share on other sites More sharing options...
BV80 Posted August 17, 2018 Report Share Posted August 17, 2018 3 minutes ago, scni85 said: No, the backs of both pages are blank. The only reference to an attorney is in the last paragraph of the first page which states that a check can be made payable to "Clarkson & Hale, LLC, as attorney for Midland Funding LLC". In your first post, you stated “It also states that I have 30 days to dispute the validity and that doing so many not prevent the office from filing a lawsuit within that time.” That’s not actually what the letter says. It does not say that disputing will not prevent a lawsuit. It says that the fact that you have 30 days to dispute doesn’t prevent them from filing a lawsuit. Regarding my question about a disclaimer: courts have ruled that an attorney signature implies that an attorney is involved in the collection process and has reviewed the consumer’s file. This can be misleading if the attorney has not, in fact, reviewed the file. That’s why I asked about a disclaimer. A notice stating that no attorney had reviewed the file would protect the law firm. That’s why I asked about a disclaimer. I notice stating that no attorney had reviewed the file You could send a letter disputing the debt and requesting validation. As long as that letter is sent within the 30 day period, they cannot file a lawsuit after receiving your request unless until they validate the debt. Then I would contact a consumer attorney and let him look at that letter. There is a possibility that the letter violates the FDCPA. Quote Link to comment Share on other sites More sharing options...
scni85 Posted August 17, 2018 Author Report Share Posted August 17, 2018 7 minutes ago, BV80 said: In your first post, you stated “It also states that I have 30 days to dispute the validity and that doing so many not prevent the office from filing a lawsuit within that time.” That’s not actually what the letter says. It does not say that disputing will not prevent a lawsuit. It says that the fact that you have 30 days to dispute doesn’t prevent them from filing a lawsuit. Regarding my question about a disclaimer: courts have ruled that an attorney signature implies that an attorney is involved in the collection process and has reviewed the consumer’s file. This can be misleading if the attorney has not, in fact, reviewed the file. That’s why I asked about a disclaimer. A notice stating that no attorney had reviewed the file would protect the law firm. That’s why I asked about a disclaimer. I notice stating that no attorney had reviewed the file You could send a letter disputing the debt and requesting validation. As long as that letter is sent within the 30 day period, they cannot file a lawsuit after receiving your request unless until they validate the debt. Then I would contact a consumer attorney and let him look at that letter. There is a possibility that the letter violates the FDCPA. I didn't mean to be misleading, I was attempting to quickly summarize, but I do understand the distinction. For clarity, in regards to the debt validation letter, once they validate they are free to sue, correct? Since I am trying to avoid getting to that step, I am still wondering whether contacting the law firm (or Midland) to try to arrange a payment plan is a bad idea? Would this be a misstep on my part? I just reached out to a consumer attorney today and I'm waiting to hear back. Would you recommend sending out a debt validation letter today before hearing back, given my concerns/questions? Quote Link to comment Share on other sites More sharing options...
BV80 Posted August 17, 2018 Report Share Posted August 17, 2018 12 minutes ago, scni85 said: I didn't mean to be misleading, I was attempting to quickly summarize, but I do understand the distinction. For clarity, in regards to the debt validation letter, once they validate they are free to sue, correct? Since I am trying to avoid getting to that step, I am still wondering whether contacting the law firm (or Midland) to try to arrange a payment plan is a bad idea? Would this be a misstep on my part? I just reached out to a consumer attorney today and I'm waiting to hear back. Would you recommend sending out a debt validation letter today before hearing back, given my concerns/questions? Please don’t think I was implying that you were attempting to be misleading. I know you were not trying to mislead us. Yes, they would be free to sue once they validate the dead. That, of course, is dependent upon them receiving your letter before they have already filed suit and whether or not they intend to sue at all. You could call and try to settle the debt, but, if it were me, I would not call and try to make payment arrangements unless I know for sure that the collection letter does not violate the FDCPA. There”s also another option. Synchrony Bank has an arbitration provision in its card member agreement. Debt buyers do not like arbitration. Please read the following thread. https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/ 1 Quote Link to comment Share on other sites More sharing options...
scni85 Posted August 17, 2018 Author Report Share Posted August 17, 2018 12 minutes ago, BV80 said: Please don’t think I was implying that you were attempting to be misleading. I know you were not trying to mislead us. Yes, they would be free to sue once they validate the dead. That, of course, is dependent upon them receiving your letter before they have already filed suit and whether or not they intend to sue at all. You could call and try to settle the debt, but, if it were me, I would not call and try to make payment arrangements unless I know for sure that the collection letter does not violate the FDCPA. There”s also another option. Synchrony Bank has an arbitration provision in its card member agreement. Debt buyers do not like arbitration. Please read the following thread. https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/ Thank you for the explanation. I will review the thread. Quote Link to comment Share on other sites More sharing options...
Goody_Ouchless Posted August 17, 2018 Report Share Posted August 17, 2018 Just my two cents on requesting validation: It tells them that they have "found" the right person. I would guess that a significant percentage of these mailings go to empty houses, or places where the debtor used to live. The only people that request validation are those that come to sites like this because they know it's their debt. If they're going to sue, they're going to sue, but, if I was chasing a debt, I'd start by suing people who request validation because I know I won't be serving an abandoned house or an empty lot. Others disagree, due to the fact that they used to commit violations many, many years ago. Quote Link to comment Share on other sites More sharing options...
scni85 Posted August 17, 2018 Author Report Share Posted August 17, 2018 1 hour ago, Goody_Ouchless said: Just my two cents on requesting validation: It tells them that they have "found" the right person. I would guess that a significant percentage of these mailings go to empty houses, or places where the debtor used to live. The only people that request validation are those that come to sites like this because they know it's their debt. If they're going to sue, they're going to sue, but, if I was chasing a debt, I'd start by suing people who request validation because I know I won't be serving an abandoned house or an empty lot. Others disagree, due to the fact that they used to commit violations many, many years ago. My biggest concern is trying to have this handled before it gets to them suing. This is why I wanted to know if it would be prudent to just contact their attorney to arrange a settlement or a payment plan first. I'm reviewing other options as well, but If I can avoid being sued altogether, that would be best for me. I just wasn't sure if actually calling the attorney would work against me in some way. Quote Link to comment Share on other sites More sharing options...
WhoCares1000 Posted August 17, 2018 Report Share Posted August 17, 2018 If they plan on suing you, they will sue you, regardless of whether you validate or call them or whatever. They might sue even if you come up with a payment plan. In fact, calling them might not be your best option. I have to ask, was this letter sent to your current address in Georgia or a former address in South Carolina. If the later, they might not know your current address and a validation would tip them off that you moved. I would simply watch the South Carolina court website and if they filed there, you might be able to answer that there is a lack of juridstiction in South Carolina at that point. They will then move to Georgia but it gives you a chance to prepare without tipping your hand. Again, read the link on arbitration. If they sue you, you will need to follow those steps but for less than $1500 in consumer debt (I do believe this was consumer debt), Midland will not touch arbitration because it will cost them 5-figures to get through it and they are not guaranteed to get their money back. Being that you are out of work, you should have time to follow those steps. Quote Link to comment Share on other sites More sharing options...
WomanofWonder Posted August 18, 2018 Report Share Posted August 18, 2018 Wrong thread, LORD. Sorry guise. xD Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted August 18, 2018 Report Share Posted August 18, 2018 8 hours ago, scni85 said: My biggest concern is trying to have this handled before it gets to them suing. As others have pointed out, there's no way to stop them from suing you. What you can do, is shut the lawsuit down using arbitration. It will get dismissed, there will be no judgment and that will be the end of it. Quote Link to comment Share on other sites More sharing options...
Joeashem843 Posted October 25, 2018 Report Share Posted October 25, 2018 (edited) Remove my post please Edited October 25, 2018 by Joeashem843 I deleted my post since I'm apparently "spamming" the person. I don't know, no one will answer me. Quote Link to comment Share on other sites More sharing options...
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