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Midland Funding Pre Legal Notification


Flirtykumquat
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I received a FedEx envelope (I did not sign for) from Midland Funding. It is a "Pre-legal Notification" letter. It says its considering forwarding this account to an attorney in my state (Florida) for possible litigation. I am really freaking out. I just started getting my credit back on track. I have had some people tell me to do a debt validation letter but that means I am accepting the debt and I have others tell me to dispute the debit in its entirely since they did not provide original documentation to verify this debit is mine.. Any help will be greatly appreciated

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3 minutes ago, Flirtykumquat said:

I received a FedEx envelope (I did not sign for) from Midland Funding. It is a "Pre-legal Notification" letter. It says its considering forwarding this account to an attorney in my state (Florida) for possible litigation. I am really freaking out. I just started getting my credit back on track. I have had some people tell me to do a debt validation letter but that means I am accepting the debt and I have others tell me to dispute the debit in its entirely since they did not provide original documentation to verify this debit is mine.. Any help will be greatly appreciated

Who does Midland say the original credit is on this alleged debt? What is the approximate amount they claim is owed?

Stop freaking out.  "pre-legal" is a meaningless term meant to scare you into paying them right away. 

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okay.  This is what I would do:

I would send a "debt validation letter", which is technically only a dispute letter.  My letter would simply state "I dispute this alleged debt, please validate" and NOTHING more.  Just know, that this letter is essentially meaningless, it's just a formality.  Others may say to ignore their pre-legal letter and you have that option as well.  Either way, they will probably eventually file a lawsuit for this alleged debt.  However, if /when they do sue you, you will be in a decent position to make it go away for $0 by using the arbitration clause in that Synchrony bank card agreement.

In order to prepare and understand how to make this go away, read the arbitration link in my signature below.  You have time to understand and learn about this option so that you will not be panicked and rushed when the time comes.

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2 minutes ago, Flirtykumquat said:

Okay so now its just a waiting game. So if they decide to go and take further action is it possible for them to garnish my wages?

Not until they first file a lawsuit, serve you, and get a judgement in court.  But, as I said, you can stop that from happening by responding to the lawsuit with your right to contractual arbitration as detailed in my link below.   Midland hates arbitration, so when you force them into it, they would rather drop the lawsuit and walk away with nothing.  You just have to push them into that position.

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28 minutes ago, fisthardcheese said:

okay.  This is what I would do:

I would send a "debt validation letter", which is technically only a dispute letter.  My letter would simply state "I dispute this alleged debt, please validate" and NOTHING more.  Just know, that this letter is essentially meaningless, it's just a formality.  Others may say to ignore their pre-legal letter and you have that option as well.  Either way, they will probably eventually file a lawsuit for this alleged debt.  However, if /when they do sue you, you will be in a decent position to make it go away for $0 by using the arbitration clause in that Synchrony bank card agreement.

In order to prepare and understand how to make this go away, read the arbitration link in my signature below.  You have time to understand and learn about this option so that you will not be panicked and rushed when the time comes.

If the letter contained the 30 day notice, upon receiving a timely DV request, the debt collector cannot file a lawsuit until it validates the debt.  To file suit before validating violates the FDCPA. 

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10 minutes ago, Flirtykumquat said:

Do you have an example of what should be included in the letter

Keep it simple.

In your letter heading, reference the debt collector and the collection account number.

Then state something such as:

To whom it may concern:

I dispute the above referenced account and request validation.

Your name

That’s all you have to write.  Whenever I sent a DV request, I always included a copy of their debt collection letter with my request.  You don’t have to do that.  That was just my procedure. 

Be sure to send your request by certified mail, return receipt requested. That way, you have proof of when you sent the letter and that they received it. 

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8 minutes ago, Flirtykumquat said:

Do you have an example of what should be included in the letter

Your letter simply needs to state you dispute the debt and request validation.  NOTHING else.  If you used that cut and paste letter from the internet (also found on this site) demanding everything from their license, right to collect, documents, proof etc. they can ignore ALL of it and not violate.  

Their response letter only needs to state who the original creditor is and the amount you owe.  The address of the creditor if you requested it.  That is IT.  NO proof is required unless they sue and the you or the court requests the evidence.  

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I found this on the internet and went with this. Should I not go with this? I can stop the mail before it goes out

 

 

This letter is sent in response to a phone call received by you on November 13th 2018. I am requesting that you provide validation of this debt.

If you do not comply with this request, I will immediately file a complaint with the Federal Trade Commission and the Florida Attorney General’s office. Civil and criminal claims will be pursued.

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16 minutes ago, Flirtykumquat said:
 

I found this on the internet and went with this. Should I not go with this? I can stop the mail before it goes out

 

 

This letter is sent in response to a phone call received by you on November 13th 2018. I am requesting that you provide validation of this debt.

If you do not comply with this request, I will immediately file a complaint with the Federal Trade Commission and the Florida Attorney General’s office. Civil and criminal claims will be pursued.
 

You can send that letter, but it’s not factually correct. Also, it does not say that you dispute the debt.  Collectors only have to validate if they want to continue collection efforts. If they choose to stop collecting, they do not have to validate. 

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2 hours ago, fisthardcheese said:

okay.  This is what I would do:

I would send a "debt validation letter", which is technically only a dispute letter.  My letter would simply state "I dispute this alleged debt, please validate" and NOTHING more.  Just know, that this letter is essentially meaningless, it's just a formality.  Others may say to ignore their pre-legal letter and you have that option as well.  Either way, they will probably eventually file a lawsuit for this alleged debt.  However, if /when they do sue you, you will be in a decent position to make it go away for $0 by using the arbitration clause in that Synchrony bank card agreement.

In order to prepare and understand how to make this go away, read the arbitration link in my signature below.  You have time to understand and learn about this option so that you will not be panicked and rushed when the time comes.

Do I need to get a lawyer if I need to pursue this arbitration

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1 minute ago, Flirtykumquat said:

Do I need to get a lawyer if I need to pursue this arbitration

No, you can do this yourself.  But you need to study the arbitration strategy carefully.  Also, since you are in Florida, you need to be careful not to waive your arbitration rights by engaging in litigation.  Even answering the lawsuit can be dangerous . . . maybe you need to reply to it with a MTC Arb instead.

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