Jump to content

Midland in Maryland


Youvebeenserved
 Share

Recommended Posts

Hey!

I was served at home about 2 weeks ago by MCM. My first interaction with Midland. I filed a simple answer stating I didn’t have enough info to admit or deny. The complaint states 3 accounts for a total of about $12000

They sent info for 2 accounts with vague bill of sale and front page of 2 bills. 

Should I look into arbitration? I’m not sure how to proceed but want to get started since I have some time to figure this out. Any advice or opinions would be helpful
 

 

Link to comment
Share on other sites

Should I look into arbitration? 

Do all the accounts have arbitration clauses? Capital-One does not have arbitration. 

  1. Check Statutes of limitations first filed motion to dismiss in not within. Yes Arbitration is a good defense against midland check get copies of agreements for the time you defaulted if debt does not have one for that time check time you got card. 
  2. See if they they are limited to JAMS or AAA it would better if you can can file three or two arbitration cases  
Link to comment
Share on other sites

19 hours ago, Bulldoger said:

Should I look into arbitration? 

Do all the accounts have arbitration clauses? Capital-One does not have arbitration. 

  1. Check Statutes of limitations first filed motion to dismiss in not within. Yes Arbitration is a good defense against midland check get copies of agreements for the time you defaulted if debt does not have one for that time check time you got card. 
  2. See if they they are limited to JAMS or AAA it would better if you can can file three or two arbitration cases  

Thank you for your help.

I just looked at the ages of the debt MCM is reporting dofd that would make the debt past SOL

Im still not sure what the third account is because they didn’t attach evidence for it in the complaint.

I also question their standing to sue. The bill of sale doesn’t mention me or “my account” specifically 

could I submit a counter claim based on SOL and reporting?

 

Link to comment
Share on other sites

2 hours ago, Youvebeenserved said:

Thank you for your help.

I just looked at the ages of the debt MCM is reporting dofd that would make the debt past SOL

Im still not sure what the third account is because they didn’t attach evidence for it in the complaint.

I also question their standing to sue. The bill of sale doesn’t mention me or “my account” specifically 

could I submit a counter claim based on SOL and reporting?

 

Is this in small claims?

Did you make a payment after the DOFD?

 

Link to comment
Share on other sites

3 hours ago, Youvebeenserved said:

Thank you for your help.

I just looked at the ages of the debt MCM is reporting dofd that would make the debt past SOL

Im still not sure what the third account is because they didn’t attach evidence for it in the complaint.

I also question their standing to sue. The bill of sale doesn’t mention me or “my account” specifically 

could I submit a counter claim based on SOL and reporting?

 

If the debt is really SOL that could be very bad for the plaintiff. 
 

This could be an FDCPA violation. Taking a collection action which is not permitted.  Also misrepresenting the status of the debt.  

In some states this would be even more serious   Wisconsin or Mississippi for example this is suit on a debt which no longer exists, and the penalties can be very high  

You should strongly consider consulting a good consumer attorney. 
 

Since perhaps only one of the debts is SOL, you might consider making an offer to the plaintiff’s lawyer:  in exchange for you not filing an FDCPA claim or counter claim they agree to dismiss the suit and all associated accounts with prejudice.  A mutual walk away, which I have done a few times. 

Link to comment
Share on other sites

54 minutes ago, Youvebeenserved said:

No I believe small claims in MD is $5000 or less

I did make a payment after their reported DOFD on one of the accounts 

I’m double checking bank statements now.

Making a payment after the DOFD resets the SOL.  You need to know whether the account is past the SOL based on the last payment in that case 

Link to comment
Share on other sites

Md. Code, Cts. & Jud. Proc. § 5-1202

Section 5-1202 - Effect of expiration of statute of limitations

(a) A creditor or a collector may not initiate a consumer debt collection action after the expiration of the statute of limitations applicable to the consumer debt collection action.

(b)

(1) Notwithstanding any other provision of law, any payment toward, written or oral affirmation of, or any other activity on the debt that occurs after the expiration of the statute of limitations applicable to the consumer debt collection action does not revive or extend the limitations period.

(2) This subsection may not be interpreted to affect the statute of limitations applicable to a cause of action arising from a separate written agreement or written payment plan entered into by the debtor and the creditor or collector before the expiration of the statute of limitations applicable to the consumer debt collection action.

 

So it appears you would need to enter into a repayment/settlement  plan to reset the SOL. 

Link to comment
Share on other sites

29 minutes ago, Bulldoger said:

Md. Code, Cts. & Jud. Proc. § 5-1202

Section 5-1202 - Effect of expiration of statute of limitations

(a) A creditor or a collector may not initiate a consumer debt collection action after the expiration of the statute of limitations applicable to the consumer debt collection action.

(b)

(1) Notwithstanding any other provision of law, any payment toward, written or oral affirmation of, or any other activity on the debt that occurs after the expiration of the statute of limitations applicable to the consumer debt collection action does not revive or extend the limitations period.

(2) This subsection may not be interpreted to affect the statute of limitations applicable to a cause of action arising from a separate written agreement or written payment plan entered into by the debtor and the creditor or collector before the expiration of the statute of limitations applicable to the consumer debt collection action.

 

So it appears you would need to enter into a repayment/settlement  plan to reset the SOL. 

Thank you so much. 
I’ve never done that with any OC. Definitely not with Mudland. 

Link to comment
Share on other sites

59 minutes ago, Bulldoger said:

Notwithstanding any other provision of law, any payment toward, written or oral affirmation of, or any other activity on the debt that occurs after the expiration of the statute of limitations applicable to the consumer debt collection action does not revive or extend the limitations period.

The above states that a payment made after the SOL has expired does not revive it.  It doesn’t say what happens if a payment is made before the SOL has passed.

Link to comment
Share on other sites

59 minutes ago, Youvebeenserved said:

(2) This subsection may not be interpreted to affect the statute of limitations applicable to a cause of action arising from a separate written agreement or written payment plan entered into by the debtor and the creditor or collector before the expiration of the statute of limitations applicable to the consumer debt collection action.

 

This section states that if your enter separate agreement like did with Midland it start the statutes of limitations again. I read this as  reaffirming the action required to restart SOL before SOL  has expired. 

If OP used midland portal the terms of used state that actions are considered signed and written. 

 

Link to comment
Share on other sites

6 hours ago, BackFromTheDebt said:

If the debt is really SOL that could be very bad for the plaintiff. 
 

This could be an FDCPA violation. Taking a collection action which is not permitted.  Also misrepresenting the status of the debt.  

In some states this would be even more serious   Wisconsin or Mississippi for example this is suit on a debt which no longer exists, and the penalties can be very high  

You should strongly consider consulting a good consumer attorney. 
 

Since perhaps only one of the debts is SOL, you might consider making an offer to the plaintiff’s lawyer:  in exchange for you not filing an FDCPA claim or counter claim they agree to dismiss the suit and all associated accounts with prejudice.  A mutual walk away, which I have done a few times. 

Unfortunately I cannot afford an attorney right now.

I’d love to make this go away without going to court. So making an offer might be the way ti do it. 

Link to comment
Share on other sites

7 hours ago, Bulldoger said:

This section states that if your enter separate agreement like did with Midland it start the statutes of limitations again. I read this as  reaffirming the action required to restart SOL before SOL  has expired. 

If OP used midland portal the terms of used state that actions are considered signed and written. 

 

Your reading of it might be correct, and I can see it that way, as well.  It says that the subsection cannot affect the SOL if you enter into a payment agreement with a debt collector.  

IBut it also references a “separate written agreement” and “entered into by the debtor and creditor before the expiration of the statute of limitations applicable to the consumer debt collection action”.  That “written agreement” could be the original cardmember agreement with the OC when the account was opened.

The reason I’m uncertain is because of what is NOT referenced in (b)(2).  Subsection (b)(1) refers to anything that happens after the SOL expires.  It specifies that “any payment toward” a debt made after the SOL expires does not extend or revive the SOL.  It also specifies “written or oral affirmation” made after the SOL has expired.  

Then, subsection (b)(2) applies to agreements before the SOL expires.  It references a “separate written agreement or written payment plan” made before the SOL expires.  What is not mentioned in (b)(2) is “any payment”.   Why was “any payment” not referenced in (b)(2) like it was in (b)(1)?  Without that specification, we’re merely assuming.  Hopefully, the assumption is correct, but it just makes me uncomfortable.  

Rather than assuming, the OP should contact a local consumer attorney and just ask the question.  Does a payment made to the original creditor after default but before the SOL has expired reset the SOL?  That attorney may know of a statute we haven’t located or some case law that would clear this up.  

Link to comment
Share on other sites

12 hours ago, Youvebeenserved said:

No I believe small claims in MD is $5000 or less

I did make a payment after their reported DOFD on one of the accounts 

I’m double checking bank statements now.

What was that date of first delinquency?  When was the lawsuit filed with the court?  Filing a lawsuit with the court tolls (stops) the SOL.  

Link to comment
Share on other sites

38 minutes ago, BV80 said:

Your reading of it might be correct, and I can see it that way, as well.  It says that the subsection cannot affect the SOL if you enter into a payment agreement with a debt collector.  

IBut it also references a “separate written agreement” and “entered into by the debtor and creditor before the expiration of the statute of limitations applicable to the consumer debt collection action”.  That “written agreement” could be the original cardmember agreement with the OC when the account was opened.

The reason I’m uncertain is because of what is NOT referenced in (b)(2).  Subsection (b)(1) refers to anything that happens after the SOL expires.  It specifies that “any payment toward” a debt made after the SOL expires does not extend or revive the SOL.  It also specifies “written or oral affirmation” made after the SOL has expired.  

Then, subsection (b)(2) applies to agreements before the SOL expires.  It references a “separate written agreement or written payment plan” made before the SOL expires.  What is not mentioned in (b)(2) is “any payment”.   Why was “any payment” not referenced in (b)(2) like it was in (b)(1)?  Without that specification, we’re merely assuming.  Hopefully, the assumption is correct, but it just makes me uncomfortable.  

Rather than assuming, the OP should contact a local consumer attorney and just ask the question.  Does a payment made to the original creditor after default but before the SOL has expired reset the SOL?  That attorney may know of a statute we haven’t located or some case law that would clear this up.  

I will ask an attorney today and see if I can get some clarification. 

40 minutes ago, BV80 said:

When was the date of first delinquency?  When was the lawsuit filed with the court?  Filing a lawsuit with the court tolls (stops) the SOL.  

DOFD is Sept 2019 they filed 1/30/2023

MCM has a copy of a bill for another account but it (complaint) doesn’t have a bill of sale for it. I believe they have made a mistake and mixed up the accounts. The account that is referenced in the complaint has a DOFD of Nov 2019. 
Because the paperwork is incomplete I can only assume this based off their reporting on my Equifax. 

Link to comment
Share on other sites

20 minutes ago, Youvebeenserved said:

I will ask an attorney today and see if I can get some clarification. 

DOFD is Sept 2019 they filed 1/30/2023

MCM has a copy of a bill for another account but it (complaint) doesn’t have a bill of sale for it. I believe they have made a mistake and mixed up the accounts. The account that is referenced in the complaint has a DOFD of Nov 2019. 
Because the paperwork is incomplete I can only assume this based off their reporting on my Equifax. 

Okey dokey.

If a payment made to the OC after default but before the SOL expires does not reset the SOL, you have a valid defense and a counterclaim for a violation of the FDCPA.

But, yes, please contact a consumer attorney that handles consumer debt defense.  He should be able to clarify the issue.  He may also know a more specific statute or even case law that would help with that affirmative defense.

Link to comment
Share on other sites

7 hours ago, Youvebeenserved said:

I will ask an attorney today and see if I can get some clarification. 

DOFD is Sept 2019 they filed 1/30/2023

MCM has a copy of a bill for another account but it (complaint) doesn’t have a bill of sale for it. I believe they have made a mistake and mixed up the accounts. The account that is referenced in the complaint has a DOFD of Nov 2019. 
Because the paperwork is incomplete I can only assume this based off their reporting on my Equifax. 

 

Worth a try hopefully they don't remove when sued.

MCM usually has two years worth of statements and additional payments made to them available for download online via their website.  https://www.midlandcredit.com/

If you don't have your midland account numbers just click you don't know and enter last name DOB last 4 SS. 

It  will take you to list of accounts, click on account, on the blue bar on top click on Documents 

There you will get list of all statements they have and on right payments made after they bought debt. 

look like this: for some reason on this account they have double listing of statements.  Look at statements and Payment overview  to find last payment or charge. 

MCMDOCS.thumb.jpg.aa49cdbc5761e558efa31f6a69a14ab6.jpg

 

Link to comment
Share on other sites

5 minutes ago, Bulldoger said:

MCM usually has two years worth of statements and additional payments made to them available for download online via their website.  https://www.midlandcredit.com/

If you don't have your midland account numbers just click you don't know and enter last name DOB last 4 SS. 

It  will take you to list of accounts, click on account, on the blue bar on top click on Documents 

There you will get list of all statements they have and on right payments made after they bought debt. 

look like this: for some reason on this account they have double listing of statements. 

MCMDOCS.thumb.jpg.aa49cdbc5761e558efa31f6a69a14ab6.jpg

 

Thank you for the info! I’ll see what they have.

Link to comment
Share on other sites

I spoke to a lawyer in the help center and she let me know that the payment made does reset the statute of limitations period. 
I also mentioned to her that the Bill of Sale does not mention the specific debt they are suing for. She mentioned it being a good argument.

Is there anything else I should consider in this case?

 

Link to comment
Share on other sites

On 3/8/2023 at 4:24 AM, Youvebeenserved said:

Because the paperwork is incomplete I can only assume this based off their reporting on my Equifax. 

If you are going to defend this case in court or arbiitration you cannot assume what they are going to do.  You have to do discovery either in court or arbitration.  While they may have attached minimal paperwork to the complaint as required under your state's laws and court procedures that does not mean they won't have more to support the case at trial or hearing.  Before you start discovery you need to pick a defensive strategy because in many states if you engage in discovery through the courts and participate in the litigation process you waive your right to arbitration.

You will also need MD case law to support your defense that the bill of sale does not specifically include your account.  It isn't enough to simply argue that point you have to support it.

I would be challenging the documents based on their combining 3 accounts into one suit that may be from different creditors with different records and accounting practices.

Link to comment
Share on other sites

32 minutes ago, Youvebeenserved said:

I spoke to a lawyer in the help center and she let me know that the payment made does reset the statute of limitations period. 
I also mentioned to her that the Bill of Sale does not mention the specific debt they are suing for. She mentioned it being a good argument.

Is there anything else I should consider in this case?

 

Are you in District Court?

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.