Midland Credit Management Trying to collect on the same debt that was dismissed by their lawyer Oaks Pennsylvania, LLC
MCM is trying to collect on the same debt that their lawyer had dismissed before it went to court. On September 17th, 2008 my mother received a Stipulation of Dismiassal from Daniels Law Firm in Quincy who where representing MCM on a City Bank Account that my mother never had.
In the Stipulation of Dismissal it states, "hereby stipulate that said action and all counterclaims, if any be dismissed".
Is it possible for MCM to try and collect on the debt again, when they have already tried to sue in civil court? They obviously had no basis for the lawsuit and had their lawyer dismiss the case.
What legal actions does my mother have to stop this obvious harrassement. Thanks for any help any of you can give.
Eltgolf
mashpee, Massachusetts
U.S.A.
2 Updates & Rebuttals
Benn
Eleva,Wisconsin,
U.S.A.
Advise
#3Consumer Suggestion
Wed, March 11, 2009
I would make a photocopy of that letter that you have and type a cover letter addressing it to the person that addressed you in new contact letter. State that this was dismissed (see attached letter) and ask them to update their files to show it. Also inform them that if they fail to take action, that you will have grounds to file a counterclaim for damages to include, but not limited to; travel expenses, all expenses for copies and postage and the applicable state law that pertains to damages for this type of violation of the fair debt collections act (see state law for details on this since each state is different).
I would also request that they confim in writing that they did indeed correct this problem less you will be forced to file a civil claim seeking above damages. I suggest the standard 15 days for a reply.
Then type or write the return receipt request tracking number that you get on the green card on both pages for proof that you did indeed sent them at the same time and have it all sent via U.S. mail - certified, return receipt requested.
When you received the signed green card back from the post office (normally a few days after you mailed it, the dated that was noted the letter was received on the card starts the 15 day limit.
If they are smart they will see that it was dismissed and take the proper steps and dismiss all collections.
If they ignore you or continue with collections, then with the green card as proof that they received your letter and a copy of the past dismissal letter. If they take it to court you will need to submit the proof that you did notify them that this is an illegal collection and ask for damages to be assessed against Midland.
Hope that helps.
Just remember:
1. Keep the orginals of everything...only give copies out.
2. Also spell out the facts, keep emotions out of everything.
3. Spell a reasonable time period for them to reply.
4. Never speak to these idiots on the phone EVER!
5. Send everything certified, return receipt requested and place the tracing
number on everything before you photocopy and mail it out. When you get
the green card back - hold on to it forever (better just staple it to the letters
for easy tracking.
Laurie
Haslet,Texas,
U.S.A.
GO TO THIS WEBSITE ASAP
#3Consumer Comment
Mon, March 02, 2009
www.budhibbs.com
You can get advice and instructions on how to handle this law-breaking bottomfeeder..