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Hello Everyone,

I JUST saw a many of threads with others facing the same issue with Midland. So, I have a pre-trial with Midland for an old Citi Bank card charged off from 2017. I responded to the court with answer denying the charges and accusations....like everyone else, based on the info they sent with the summons. They actually tried to serve me twice but was unsuccessful on the 1st attempt. To no avail, the processor delivered on the second attempt. Im not sure at this point on how to approach this. I willl be going alone with NO representation and definitely don't want to say the wrong thing.  I did have the credit card but fell on extreme hard times and couldn't continue payments. I offered Midland over 1 year ago a payoff but never admitted to the actual debt.  I received a packet of documents from Midland a few days ago (bill of sale, credit card statement going back to 2017 and a letter stating "we are ceasing all collection efforts until the conclusion of the investigation of your dispute". 

Again, at this point I dont know what to do. Do I still appear for the pre-trial or NOT go. I've also prepared myself to settle in the event I need to but it would be at most for 10% of the balance if thatt. Unfortunately, thats the financial situation I'm in. I dont want to file bankruptcy or create a more lingering situation. Any recommendations? All comments are appreciated. 

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Go to the pre-trial unless you have notice from the court that it has been cancelled.  Always appear in court when court dates are scheduled.

It's possible the Midland attorneys didn't get the memo and will be in court aggressively representing their client.

Bring the letter about ceasing collection efforts to court, and bring it to the court's attention.

Have you considered the arbitration strategy?  Best info is here

 

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18 hours ago, HelpPlease! said:
Again, at this point I dont know what to do. Do I still appear for the pre-trial or NOT go. I've also prepared myself to settle in the event I need to but it would be at most for 10% of the balance if thatt. Unfortunately, thats the financial situation I'm in. I dont want to file bankruptcy or create a more lingering situation. Any recommendations? All comments are appreciated. 

If You find a way to get Midland to settle for 10 cents on the dollar, please let us know.  I've never heard of anything so low, at least in the recent past.  Anyone else?

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Update.... Midland atty showed up but not the actual atty listed on the notice to appear. There were two cases, mine and another. The case before me was scheduled for "bench" but the attorney wasn't prepared. The atty didn't know anything about it but tried to call the office to inquire and reviewed the file. The person before me was WELL prepared and had no atty!! They went out to the conference room , came back 20min later and case was dismissed. They atty attempted to mislead the other person promising to remove the collection from the credit bureaus but told the judge different " I have no control over that your honor ..so maybe we don't have an agreement but we want just want to dismiss this case without prejudice". The first ruling was actually dismissal with prejudice but the atty didn't want to sign the judgement letter promising to fix the credit report. The atty was absolutely not happy about having admit they were dismissing the case.

 

On to mine....we had no agreement no settlement.  The atty started pressuring me to make a deal after I showed the cease letter. The atty  whips out the same letter, acknowledges it's the same letter Ben says let me cut to the chase do you want to make a deal or not otherwise we're going to trial. I said no,  based on this letter Midland is ceasing all activity until investigation is completed. The atty ignored the letter slammed the file and telling me we tried to help you let's go to the judge for trial. we go before the judge jugs explains the trial scheduling process explains to me to contact the bar association should I need representation explains to me the motion process then court adjourned.

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24 minutes ago, HelpPlease! said:
 
 

 They atty attempted to mislead the other person promising to remove the collection from the credit bureaus but told the judge different " I have no control over that your honor ..so maybe we don't have an agreement but we want just want to dismiss this case without prejudice". The first ruling was actually dismissal with prejudice but the atty didn't want to sign the judgement letter promising to fix the credit report. The atty was absolutely not happy about having admit they were dismissing the case.

 

 

To all the wise counselors on this board:  Wouldn't the defendant before OP have been smart to just take the dismissal with prejudice , and then to use that to have the CRAs remove the collection account?  Wouldn't that have been enough to get it removed for good?  Thanks!

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18 hours ago, WreckItRalph said:

To all the wise counselors on this board:  Wouldn't the defendant before OP have been smart to just take the dismissal with prejudice , and then to use that to have the CRAs remove the collection account?  Wouldn't that have been enough to get it removed for good?  Thanks!

I would say yes.

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On 3/6/2020 at 8:27 PM, HelpPlease! said:
 
 

Update.... Midland atty showed up but not the actual atty listed on the notice to appear. There were two cases, mine and another. The case before me was scheduled for "bench" but the attorney wasn't prepared. The atty didn't know anything about it but tried to call the office to inquire and reviewed the file. The person before me was WELL prepared and had no atty!! They went out to the conference room , came back 20min later and case was dismissed. They atty attempted to mislead the other person promising to remove the collection from the credit bureaus but told the judge different " I have no control over that your honor ..so maybe we don't have an agreement but we want just want to dismiss this case without prejudice". The first ruling was actually dismissal with prejudice but the atty didn't want to sign the judgement letter promising to fix the credit report. The atty was absolutely not happy about having admit they were dismissing the case.

 

On to mine....we had no agreement no settlement.  The atty started pressuring me to make a deal after I showed the cease letter. The atty  whips out the same letter, acknowledges it's the same letter Ben says let me cut to the chase do you want to make a deal or not otherwise we're going to trial. I said no,  based on this letter Midland is ceasing all activity until investigation is completed. The atty ignored the letter slammed the file and telling me we tried to help you let's go to the judge for trial. we go before the judge jugs explains the trial scheduling process explains to me to contact the bar association should I need representation explains to me the motion process then court adjourned.

If this were me, I would use arbitration.  If this is a small claims court, then that may be a bit more tricky with a Citi Agreement.  But if I got an MTC granted, then I would file an FDCPA claim against Midland as my arbitration filing for suing after saying they are stopping collections until they investigate your dispute.

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