I found two new things on my credit report from Midland Credit Mgmt Inc. They are marked as: Factoring Company Account.
Additionally, the list the original creditor as Providian
I was alerted to these new listings when I was notified by credit watch that my score had dropped over 100 points. Ouch.
Anyway, I haven't been notified by Midland and I believe these accounts will be past the statue of limitations in my state in August of 2008.
However, I did get a letter from another company in the mail today saying they say that a lawsuit was filed against me and that they are a third party that specializes in arranging in cash settlements with debtors before court date and save credit rating, etc., etc.
I have not received any notice of being sued from the court, although in reading on-line I understand that service via publication is a method accepted in CA.
Any ideas on what I should do???
Thanks,
JK
I would not do jack until the you get a summons, the statute of limitations is so close, do you think they will file a summons? If they do, you will still have time to answer the summons and get the same results. If they file they will still do a payment plan, I had this happen and they just kept continuing the court date until the settlement balance was paid off and then they cancelled it all together.
Thanks for your reply.
Say the statute is up August 15th for example; and the court date is August 20th or any day past the statute expiration--can they obtain a judgement because they filed before the date? Or does the judgement have to be rendered before the expiration of the statute?
Also, the main reason I was concerned is that if they did somehow use the alternate method of notification--by publishing it, rather than sending it by mail or personal delivery, I just would not want to miss the date and have lose by default and have a judgement rendered against me when I didn't even put up a fight.
If anyone has any knowledge regarding this I would really appreciate it.
thanks again,
JK
I think the SOl goes by the date the suit was filed and not the actual court date. Say they filed suit on July 10 and sent you a summons, I believe this stops the SOL timeclock on July 10. So the actual court date does not matter onlt the date they filed the suit. I don't think they can just publish the debt and not send you some type of letter informing you. I am not sure and have always wondered about this myself but I can't see it being legal. How would they know that where ever they published it at that you would actually see it? Lets see what others have to say.
Ya, I think you're right about the date of filing stopping the SOL :(
Here is what is on lthe public record:
06/24/2008 OSC SET 12/22/08, 0830 AM, DEPT. 81, NOTICE FILED & MAILED
06/20/2008 COMPLAINT FILED - COLLECTION CASE
06/20/2008 SUMMONS FILED
Which seems to indicate that they did send some sort of notification; but I never remember getting it.
I'm going to try and get to the courthouse this coming week to see exactly what is in the file because this information is not available on the web site.
Thanks again,
JK
I have a summons against me. I was told that when they file the initial paper work that it puts a stop on the statute of limitations clock. So if they get it in before the sol ends then it will stop it.
I would not be to worried about it though, at first when I got my summons from the sheriffs department I was a nervous wreck, it is just another way to collect the debt. And the cool thing is, it is a third party that is suing me, they purchases the debt, I never had a contract with them, so the attorney that is the chair of the arbitration committee told me that they will not only have to prove that I owe that debt but that I owe it to them. So I think that I have a good chance of winning.
Is this a third party? Do you have a contract with them?
Yes, it's a third party, a collection agency. I think they bought the bad accounts of the original creditor. The only contact I have with them is that I know their address and contact information. Other than that, no; I have never had contact with them.
How are you going about defending yourself? Have you been to court yet?
Thanks,
JK
You need to send them debt validation via certified mail, return reciept requested as soon as possible. Keep all paper work, when you do go to court, this will be helpful. If they do not prove that you owe them the debt then they are sol and that does not stand for statute of limitations, LOL. My arbitration team told me that they will have to prove that I owe the debt to them.
See the thing with this debt buying and selling, the original documents are often kept with the original creditor and/or is lost in the process. Mine try to send me an afadavit, I sent another debt validation and told them that the affadavit is heresay and unless the individual can show up in court and testify against me, then it is useless. They must prove you owe them the debt and this is the card that I will play in court.
Thanks again--I'll do that first thing on Monday--should I send that to the attorney or to the collection agency? Maybe both?
JK
Never hurts to do both. At least send one to the atty (that means attorney lol).
Marine midland tried to collect a twenty year old car possession from my husband, I sent them a statute of limitations letter and have never heard from them again, that was about five years ago.
johnk,
if you really owe this $$ settle before the answer date and the suit will not hit your CR
That is good advise. Hopefully he can do this. Wow good 20 years. I guess they never really do go away do they?
Hi johnk
Debt Validation letter should be sent to the collection agency or the original creditor whose name appears in your credit report and not to your attorney. But remember to send the letter through certified mail so as to keep proof of your communication with the CA.
Certified is always the best and most reliable way.
Yes, that way you have results that prove that someone signed for the letters.
I use to have such trouble with midland. that is one company who is a pain. Those signed letters come in handy.
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