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Midland Pre-Legal Notification


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On 9/8/2021 at 4:34 PM, BackFromTheDebt said:

Fear is their greatest weapon.  

Knowledge is your greatest weapon.  

The knowledge I got from this and similar web sites took away my fear, and let me beat my creditors.  I walked away from over $100k in unsecured debt.  It was hard work, but I did it.  

 

Here are your steps:

1. Send a DV letter.  This is a simple letter saying:

"Dear Midland,

I dispute this debt and demand validation.

-You"

 

That's all.  Keep it short and simple.  

This buys you some time.  They can validate, but it takes them some time to do so.

 

2. Get a copy of the credit card agreement from the Consumer Financial Protection Board web site.  Check the arbitration clause,  I believe your account has an arbitration agreement.  Check to see if it has the small claims exemption.  I think it does, but you need to make certain.

 

3. Check the SC laws about small claims court.  This is important.  I don't know the SC laws.  This is absolutely crucial for your next steps.  If SC has a normal small claims court where lawyers can represent clients, then you will need to file in arbitration BEFORE they sue you.  

4. There are some creditors which have programs where they will forgive debt for people in dire financial straits.  I don't know if Midland is one of them.  Check their web site.  Maybe someone else knows the answer.  Is it Midland or PRA?  

 

When you have the information for #2 and #3 and #4, come back to us.  We will guide you through this.  

Arbitration will either get them to walk away from the debt, or else put you in a much better position to negotiate a settlement.  

Thank you for your advice, unfortunately I’m not equipped mentally or emotionally . All I do is read. Midland credit has sent a second pre lit letter, they own my debt completely. Is there a letter I can send them to ask for forgiveness.  I’ve been unemployed since December 2020. I have no assets except I am on a deed with survivorship with my mother. I’m beside myself. I’m in South Carolina.  I have no work experience except for waitressing n now I’m 57 years old n I’m refusing to be vaccinated in order to secure a job . I don’t know what else to do. My fear is making me mentally unstable and my 15 year old daughter is seeing signs in me that are starting to be unavoidable.  I’ve seen many posts to buckle up but I am not able to control my anxiety. I have no health insurance and I don’t want to be in public welfare. Not fair to other Americans to pay for my mistakes and hardships. What a FREAKEN mess our country is in. Thank you in advance for any help you can assist me in.  Ps. I am willing to work off in any manner to get help with this. 

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8 hours ago, Michele Hunter said:

Thank you for your advice, unfortunately I’m not equipped mentally or emotionally . All I do is read. Midland credit has sent a second pre lit letter, they own my debt completely. Is there a letter I can send them to ask for forgiveness.  I’ve been unemployed since December 2020. I have no assets except I am on a deed with survivorship with my mother. I’m beside myself. I’m in South Carolina.  I have no work experience except for waitressing n now I’m 57 years old n I’m refusing to be vaccinated in order to secure a job . I don’t know what else to do. My fear is making me mentally unstable and my 15 year old daughter is seeing signs in me that are starting to be unavoidable.  I’ve seen many posts to buckle up but I am not able to control my anxiety. I have no health insurance and I don’t want to be in public welfare. Not fair to other Americans to pay for my mistakes and hardships. What a FREAKEN mess our country is in. Thank you in advance for any help you can assist me in.  Ps. I am willing to work off in any manner to get help with this. 

As I said, knowledge is your greatest weapon.

 

There are times when Midland will forgive a debt due to hardship.  Look at the Midland web site, then call them.  See what it takes to qualify for their hardship debt forgiveness program.

 

As for work, I know some people are extremely scared of needles.  I do know I had what was considered a very mild case of COVID.  Fortunately I was working remotely, and didn't have much to do at work those days, otherwise it would've cost me 2 weeks' pay.  

~ Off-Topic storytime/advice removed by Amerikaner83~

 

You said your fear is affecting your mental state.  Sometimes you have to put your fear aside and do what needs to be done.  That means contact Midland about possible debt forgiveness, and get the jab so you can get a job.  You have a 15 year old daughter.  Don't put her through what will almost certainly happen if you don't do these things.  

Edited by Amerikaner83
off-topic storytime/advice somewhere else.
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On 9/26/2021 at 9:50 AM, Michele Hunter said:

Is that true? Unfortunately the mortgage is not in my name. I’m only on the deed as joint tenancy with survivorship.  

Is the person whose name the mortgage is in still alive?  

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23 minutes ago, BackFromTheDebt said:

As I said, knowledge is your greatest weapon.

 

There are times when Midland will forgive a debt due to hardship.  Look at the Midland web site, then call them.  See what it takes to qualify for their hardship debt forgiveness program.

 

As for work, I know some people are extremely scared of needles.  I do know I had what was considered a very mild case of COVID.  Fortunately I was working remotely, and didn't have much to do at work those days, otherwise it would've cost me 2 weeks' pay.  

I've had the vaccine and the booster.  I had the Moderna, which has worse side effects because it is more effective.  Also, getting the shot AFTER getting COVID makes it worse.  Still, the side effects from the two shots were a walk in the park compared to a very mild case of COVID. 

Not everyone is as lucky as I am.  One of the bridesmaids from my wedding 25 years or so ago had her father, her mother, and her brother all in 3 different hospitals at the same time last Thanksgiving.  Her father never made it home.  He had to die alone, with no visitors.  

Risking financial ruin, possibly death, and at the minimum disease because you are scared of getting a needle in your arm really isn't very logical.  I used to be scared of the flu shot until a couple of years ago I got a really nasty bout of the flu that probably cost me the best job I ever had as well.  Just get the shot, put up with a day or so's side effects, and get on with your life. 

 

You said your fear is affecting your mental state.  Sometimes you have to put your fear aside and do what needs to be done.  That means contact Midland about possible debt forgiveness, and get the jab so you can get a job.  You have a 15 year old daughter.  Don't put her through what will almost certainly happen if you don't do these things.  

Getting a experimental shot is not a option for me, I have meneires disease. I’m deaf in one ear due to almost 2 decades of seizures. I have been in remission for about 6 years now and I just can’t risk it. My 15 year old daughter has seen enough of my suffering to agree with me and not to do it. I’ve researched thru the openvears report on side effects and deaths n it doesn’t look good. I wish you the best of luck with it.  I only wish more people would of done more research before deciding. I will look into the midland call as suggested. If they do sue n they get a judgment, I’m sure they will put a lien on my mothers home.  Can I ask for a 2600.00 debt will they force the sale? Do you know?  

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28 minutes ago, Michele Hunter said:

Yes. She is stil alive at 78 years old. 

Okay.  You need to speak to an estate attorney.  From what I understand (but I could be wrong), a judgment lien could only be placed on your interest in the home.  It could not be placed on your mother’s interest.  Therefore, a sale to satisfy the debt could not be forced.  However, if, heaven forbid, your mother passes away within 10 years after a judgment, you would be sole owner.  But I still can’t see a debt buyer forcing a sale on the amount of the debt in question.

Also, SC bankruptcy exemptions apply to judgments.  For instance, a home exemption is around $55,000.  Let’s say an owner still owes $80,000 on his mortgage.  The house worth $120,000.   The difference between $120,000 (home value) and $80,000 (owed on mortgage) is $40,000.  Since the exemption is around $55,000, the entire $40,000 would be exempt from seizure.

Like I suggested, please speak to an estate attorney about a lien on a home that is owned by joint tenancy with right of survivorship.  

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A estate attorney? Ok I will duck duck that in my area and place a call. I know SC ONLY HOLDS judgements for 10 years. I don’t plan on moving within that time. The equity is passed the exemptions and my half has more than what would be exempt.  There is stil a mortgage on it. Can you tell me if they do lien my home can I make small payments along the way ? Will they keep tacking on interest?  I want to thank you guys here.  I’ve been a stay home mom most of my life with only a teenager left with me.  I have had waitress jobs in the past but my age and the new world order with vaccines are preventing me from returning to the corporate restaurants I have worked for in the past.  And I’m not sure at my age now they would be willing to take me back.  Thank you again for your honesty. I truly need someone I can trust. 

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1 hour ago, Michele Hunter said:

A estate attorney? Ok I will duck duck that in my area and place a call. I know SC ONLY HOLDS judgements for 10 years. I don’t plan on moving within that time. The equity is passed the exemptions and my half has more than what would be exempt.  There is stil a mortgage on it. Can you tell me if they do lien my home can I make small payments along the way ? Will they keep tacking on interest?  I want to thank you guys here.  I’ve been a stay home mom most of my life with only a teenager left with me.  I have had waitress jobs in the past but my age and the new world order with vaccines are preventing me from returning to the corporate restaurants I have worked for in the past.  And I’m not sure at my age now they would be willing to take me back.  Thank you again for your honesty. I truly need someone I can trust. 

It doesn’t matter if your half has more than enough equity.  If I’m correct, a sale could not be forced until you own the whole house.

Judgment interest is added when there is a judgment.  I don’t know if they’re adding contractual interest right now or not.

If you can avoid a judgment, there is no lien on your half.   Right now, just take it one step at a time, and see what you can find out.  

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I called 4 different estate lawyers , referring me to others. All but one said they did not want to deal with “debt collectors “ suits and the one that was willing wanted 200.00 to advise me. I denied.  
so after hours n hours of reading I still have not come up with my answer thru the weekend.  I did see that Midland has a program for hardships n I do have medical reports stating my 2 decades of my disease that would be my grounds of unemployment. Not sure if that would matter. So now I’m reaching out to see if anyone has dealt with midland on their financial hardship program n if they are willing to share their experience and or a letter that they wrote. I have til October 16 to answer their 2nd pre litigation letter.  Now I will try to find what you are speaking about . “

“It doesn’t matter if your half has more than enough equity.  If I’m correct, a sale could not be forced until you own the whole house.” 
 

Amy ideas where I could look for this?

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36 minutes ago, Michele Hunter said:

I called 4 different estate lawyers , referring me to others. All but one said they did not want to deal with “debt collectors “ suits and the one that was willing wanted 200.00 to advise me. I denied.  
so after hours n hours of reading I still have not come up with my answer thru the weekend.  I did see that Midland has a program for hardships n I do have medical reports stating my 2 decades of my disease that would be my grounds of unemployment. Not sure if that would matter. So now I’m reaching out to see if anyone has dealt with midland on their financial hardship program n if they are willing to share their experience and or a letter that they wrote. I have til October 16 to answer their 2nd pre litigation letter.  Now I will try to find what you are speaking about . “

“It doesn’t matter if your half has more than enough equity.  If I’m correct, a sale could not be forced until you own the whole house.” 
 

Amy ideas where I could look for this?

Try a consumer or bk attorney. 

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On 9/26/2021 at 9:50 AM, Michele Hunter said:

Is that true? Unfortunately the mortgage is not in my name. I’m only on the deed as joint tenancy with survivorship.  

It doesn't matter who has the mortgage,  The bank will protect it's interest they will not lose their security of the house covering the mortgage for a few thousand dollars. 

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