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BobbyH

Being Sued by Midland Credit

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Hey all, been reading up on some of your threads about being sued by MCM. I am still a bit lost and confused on the whole thing.

I got served the papers yesterday, and the court date is August 28th. So at least I have about 2 months to prepare. I know from reading several threads that I should "not" send any communication in to the court at this time as it would/could mean that arbitration is no longer an option, so I must wait until I'm absolutely sure about what's going on.

I have been contacted by 4 firms so far. C&C Consulting/Charles Newman, Resolution USA, and Holland Law Group. The first two are not lawyers but are, I suppose, mediators to a degree.

HLG has stated: "I'm so certain I can get your case resolved in your favor I offer a guarantee. If you hire us to defend this case, you will pay Midland Funding $0 or we refund 100% fees"  Of course, at this time, I don't know what the fees are.

 

According to MCM, I owe them $3921.87 + costs of bringing this action.

The original creditor is from Dental First/Comenity. I had been making payments online through their web site until they closed my online account. At which time I was unable to make further payments. I couldn't even send payments from my bank to them.

I'm not sure what I need more I need to add, so please point me in the right direction. I really don't want to pay these bottom dwellers any money at all. I'm willing to pay the original creditor, just not to the secondary purchasers.

 

Thanks,

BH

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6 minutes ago, BobbyH said:

I really don't want to pay these bottom dwellers any money at all. I'm willing to pay the original creditor, just not to the secondary purchasers.

Lets get this out of the way first.  Paying the OC is no longer an option.  If  Midland is involved they have purchased the debt and the OC is no longer in the picture.

7 minutes ago, BobbyH said:

I had been making payments online through their web site until they closed my online account.

Why did they close the account?  When did you make the last payment?

8 minutes ago, BobbyH said:

I know from reading several threads that I should "not" send any communication in to the court at this time as it would/could mean that arbitration is no longer an option, so I must wait until I'm absolutely sure about what's going on.

Double check but I do believe FL requires you file a Motion to Compel arbitration in lieu of an answer if that is what you want to do.  Whether it is that or the answer you have 30 days from being served to do that so you don't get nailed with a default judgment.

10 minutes ago, BobbyH said:

C&C Consulting/Charles Newman, Resolution USA

Avoid these like the plague.

You need to choose whether you are going to defend the suit or try for arbitration.  Once you decide which path you are taking then more targeted advice can be given.

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5 hours ago, Clydesmom said:

Why did they close the account?  When did you make the last payment?

Double check but I do believe FL requires you file a Motion to Compel arbitration in lieu of an answer if that is what you want to do.  Whether it is that or the answer you have 30 days from being served to do that so you don't get nailed with a default judgment.

Avoid these like the plague.

You need to choose whether you are going to defend the suit or try for arbitration.  Once you decide which path you are taking then more targeted advice can be given.

The last payment was back in April of 2019. MCM has included the last statement with their paperwork. I was not able to make the minimum payments every month. I did make several payments a month when possible. Last year was a rough financial time (was actually out of work for awhile).

I was guessing to steer clear of the Consulting firms.

 

I was thinking of going for Arbitration. From the threads I've read, that was quite a successful path. Another option would be to file bankruptcy, but I would really not want to take this path if it could helped. From the reading, Arbitration seems the best option to proceed with. I doubt I'd be able to defend against the case, as I wouldn't be able to afford a lawyer, really. I'm guessing the cost of a lawyer would be as much as what I owe.

Thanks

BH

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