Complaint Review: Jerold Kaplan Law Office - Midland Credit Management - Phoenix Arizona

Please tell me that you still have the green card from the letter you sent that was "undeliverable".   Make a copy of that card and send it to the 3 credit bureaus, it should immediately be removed from your reports as by law, the business that reports has to maintain their address with the CRAs and you have to be able to contact them with that address!  

If you are past your SOL they can still try to sue you, if they do, just show up and show the judge that the case is past the SOL and it will be dismissed.  If you don't show up, the judge will grant a judgement by default and you'll be stuck.  

 I found a negative report from MCM on my credit report and immediately disputed it as it was for a debt I do not owe.

 Then while waiting for the dispute to be resolved MCM wrote to me asking me to provide them with proof that the debt was paid!  Nowhere in the letter was there any reference to the reason for the dispute ie it wasn't mine!

 I tried phoning them only to be told I was a liar and they would ruin my credit if I didn't pay.  I politely told the rep (Wendy) to check on the law regarding fair collection practice and she hung up.

 Their whole attitude was it was up to me to prove to them that this debt was paid or someone else's which is not what the law states.  It's up to them to prove that the debt is valid and within the statute of limitations.  Needless to say their negative report has now miraculously vanished from all three of the credit reporting agencies files lol.

 So if you find a negative on your credit report from them dispute it and sit back and enjoy it when they attempt to prove it's valid ;)

You really should file a complaint with the State Bar of Arizona regarding their illegal practice of law.  Most likely these are lazy, ignorant attorneys who know the correct procedure but want to take a short cut against the consumer who often doesn't know the law.  Their unethical behavior needs to be reported so they are required to answer to their peers for their actions.  Hopefully they will be sanctioned and/or disbarred.  It will take a few minutes of your time to file the complaint and these attorneys will be REQUIRED to respond to the State Bar of Arizona - if they want to keep their license.  Judging from the numerous complaints about these attorneys, it wouldn't surprise me if the State Bar of Arizona has already received complaints about them. And, it wouldn't hurt to make a little noise with the local TV stations.  Channel 3, Channel 4 and Channel 15 do a great job of assisting consumers.  And, how can they use Jerold Kaplan's name?  This person is deceased and I don't think the State Bar of Arizona allows a dead person's name to be used.  Good luck in filing your complaint.  It will take a moment of your time and definitely require them to answer you.

So originally my debt was with American Express. They hired Mann Bracken who filed a court case against me. I showed up for my scheduled mediation date and no one appeared telephonically. I find out that Mann Bracken (crooks) went bankrupt. So I filed a motion to dismiss with prejudice. In comes Kaplan, filing a motion as new representation for American Express in the amount of 8700. Judge denies my motion to dismiss and re-schedules mediation date (in three weeks). My husband had walked out on me, left me high and dry with all the debt in my name.I am losing my home and everything else and have two sons, a mother and 90 grandmother on her deathbed living with me. I call American Express today because I was fearful that Kaplan would try to get a judgement against me and have my wages garnished. I find out that I don't owe them anything- was sold to someone who hasn't even contacted me yet about anything. I have mediation scheduled with these crooks on the 23rd. My question is, If I don't owe American Express anything and Kaplan got some uncaring judge to make a judgement against me, who the heck would my money be going to? So i don't know what the next step is?

So I too have been dealing with this collector. They have actually filed suit against me for some $1000 or so! Seriously?? Kills me. You would think it is not even worth their time. Does anyone have any information on winning a suit against them, especially for the same kind of amount? I was looking into filing an answer with the court however it seems to cost like $180!! Why should I have to pay this to prove myself? They have never given me proof, other than some affidavit of account. Also in response to the "collector" who posted: If you were lucky enough to work with and for "decent" collection agencies than good for you! My experience with them (not with myself but acquaintances) has been anything but good! Yelling and screaming, threats of jail, etc... Ummm do you seriously think that all of these people came to the same conclusion; most of the agencies being bottom feeders just because they have too much time on their hands??? Also you are literally "judging" people who post for help! You are assuming the debt is theirs and that they are some low life that charges up their cards and walks away. These are people who are wrongly accused, disabled and unable to pay ANYONE, out of a job, out of a home, and/or most of all they are VICTIMS of the financial institutions monetarily rapping them by charging outrageous interest rates and fees and not being willing to help them BEFORE it get's to this point! The whole thing is nothing more than people trying to make a buck off of others who are not as educated as they or are not as fortunate to have the time they do to learn how to screw people! If the debt was unquestionably collectible, don't you think the originating debtor would be pursuing it rather than walking away or selling it??? Reminds me of a dumpster diver! LOL

So I too have been dealing with this collector. They have actually filed suit against me for some $1000 or so! Seriously?? Kills me. You would think it is not even worth their time. Does anyone have any information on winning a suit against them, especially for the same kind of amount? I was looking into filing an answer with the court however it seems to cost like $180!! Why should I have to pay this to prove myself? They have never given me proof, other than some affidavit of account. Also in response to the "collector" who posted: If you were lucky enough to work with and for "decent" collection agencies than good for you! My experience with them (not with myself but acquaintances) has been anything but good! Yelling and screaming, threats of jail, etc... Ummm do you seriously think that all of these people came to the same conclusion; most of the agencies being bottom feeders just because they have too much time on their hands??? Also you are literally "judging" people who post for help! You are assuming the debt is theirs and that they are some low life that charges up their cards and walks away. These are people who are wrongly accused, disabled and unable to pay ANYONE, out of a job, out of a home, and/or most of all they are VICTIMS of the financial institutions monetarily rapping them by charging outrageous interest rates and fees and not being willing to help them BEFORE it get's to this point! The whole thing is nothing more than people trying to make a buck off of others who are not as educated as they or are not as fortunate to have the time they do to learn how to screw people! If the debt was unquestionably collectible, don't you think the originating debtor would be pursuing it rather than walking away or selling it??? Reminds me of a dumpster diver! LOL

So I too have been dealing with this collector. They have actually filed suit against me for some $1000 or so! Seriously?? Kills me. You would think it is not even worth their time. Does anyone have any information on winning a suit against them, especially for the same kind of amount? I was looking into filing an answer with the court however it seems to cost like $180!! Why should I have to pay this to prove myself? They have never given me proof, other than some affidavit of account. Also in response to the "collector" who posted: If you were lucky enough to work with and for "decent" collection agencies than good for you! My experience with them (not with myself but acquaintances) has been anything but good! Yelling and screaming, threats of jail, etc... Ummm do you seriously think that all of these people came to the same conclusion; most of the agencies being bottom feeders just because they have too much time on their hands??? Also you are literally "judging" people who post for help! You are assuming the debt is theirs and that they are some low life that charges up their cards and walks away. These are people who are wrongly accused, disabled and unable to pay ANYONE, out of a job, out of a home, and/or most of all they are VICTIMS of the financial institutions monetarily rapping them by charging outrageous interest rates and fees and not being willing to help them BEFORE it get's to this point! The whole thing is nothing more than people trying to make a buck off of others who are not as educated as they or are not as fortunate to have the time they do to learn how to screw people! If the debt was unquestionably collectible, don't you think the originating debtor would be pursuing it rather than walking away or selling it??? Reminds me of a dumpster diver! LOL

So I too have been dealing with this collector. They have actually filed suit against me for some $1000 or so! Seriously?? Kills me. You would think it is not even worth their time. Does anyone have any information on winning a suit against them, especially for the same kind of amount? I was looking into filing an answer with the court however it seems to cost like $180!! Why should I have to pay this to prove myself? They have never given me proof, other than some affidavit of account. Also in response to the "collector" who posted: If you were lucky enough to work with and for "decent" collection agencies than good for you! My experience with them (not with myself but acquaintances) has been anything but good! Yelling and screaming, threats of jail, etc... Ummm do you seriously think that all of these people came to the same conclusion; most of the agencies being bottom feeders just because they have too much time on their hands??? Also you are literally "judging" people who post for help! You are assuming the debt is theirs and that they are some low life that charges up their cards and walks away. These are people who are wrongly accused, disabled and unable to pay ANYONE, out of a job, out of a home, and/or most of all they are VICTIMS of the financial institutions monetarily rapping them by charging outrageous interest rates and fees and not being willing to help them BEFORE it get's to this point! The whole thing is nothing more than people trying to make a buck off of others who are not as educated as they or are not as fortunate to have the time they do to learn how to screw people! If the debt was unquestionably collectible, don't you think the originating debtor would be pursuing it rather than walking away or selling it??? Reminds me of a dumpster diver! LOL

My husband is fighting Midland as well. we would love to see what you sent them. We had a pre-trial conference and the atty who represents them was completely unprepared so we are ready to file a motion to dismiss with prejudict. How did you word your motion? we are not sure what we should or should not include on the motion and we want to be sure we file it correctly. I would really appreciate your feedback. These jokers need to go down!!

I do have received collection "settlement" letters and lawsuit copies from Jerold Kaplan Law Office representing Midland Funding. They have requested a pre-trial conference be set and have given me 40 days to repond to the Interrogartories. Asking for my physical address, my employer information and former spouse info. No way in Hell are they getting this information from me without a fight! I got made and now I am getting even. Letters going to Terry Goddard, 3 News on your side, Bill O'Reilly, Nancy Grace, AZ Republic Editor, several news agencies and to the President. There are over 50 cases alone in 2008 for Midland Funding as the Plaintiff through various courts in AZ. Over half are being represented by (you guessed it) Jerod Kaplan's office. This is a growing epedimic that I plan on drawing attention to by hitting up every possible agency I can think of. My validation of debt letter was ignored. They were very kind in signing the return receipt certified post card. I don't need this stress. I am not going to have a lien placed on my home, bank accounts frozen or food/shelter taken from my four-year-old. Get over yourself Jerold Kaplan. War is coming.

To quote "Little Miss Collections"......"Yes, there is always one person who ruins it for the rest, but face reality folks - your debt NEVER goes away!! There is NO period of time you can sit and ignore phone calls, or notifications that are sent to you." Correction young lady, there is something called "The Statute of Limitations." It is an AFFIRMATIVE DEFENSE that will dismiss ANY Law Firm suit if the defendant uses it as an affirmative defense against a creditor in civil court. In lehmans terms consumers, if a debt is beyond your states statute of limitations, you have NO LEGAL OBLIGATION to pay or acknowledge the debt. Stay off the phone and send a "cease communications letter" to any junk debt buyer or law firm attempting to collect a debt that is BEYOND your states statute of limitations. For the record, I am glad there are ignorant young collectors who are so driven by that "bonus check" that they will overstep their boundaries of the FDCPA to save their job (commissions off of naive consumers) to earn a few bonus dollars. I've supplemented my income for years settling FDCPA violations with agency compliance directors to spare them having to pay more in court. As well, I have successfully defeated Law Firm suits as a PRO SE defendant since they RARELY have authentic documentation to justify their claim. I've earned supplementary income well into the thousands due to your ignorance of the FDCPA law and have given agencies exactly $0. Hope to hear from you soon over the phone! A chance to help supplement my income once again.

I have actually read the documentation you've mentioned. I understand that there are debts that I owe. I also know that, like millions of others, some of those debts are unfortunately left unpaid because more important or pressing issues or bills require our funds. I also know that FDCPA includes requirements that any collector provide certain information to a possible debtor in order to verify the debt, when requested in writing. That has not occurred, regardless of what the representative of Jerold Kaplan's offices may have claimed during my follow-up call. If they wish to see this through to a civil case, then they will have to produce this documentation to the court - something they have not done for me. I also am full aware of the fact that the collection agencies in question in this article, per my own research, often seem to take issues to a legal level and file suit against the debtor despite the fact that the statute of limitations for filing for judgment on a debt has already passed. For my state of Arizona, for instance, the statute of limitations for filing for judgment on a credit card debt is 3 years from the date the last payment was received on the debt. I refer to ARS 12-543, by the way. Despite the fact that these individuals should know the law at least as well as I do, Kaplan apparently attempts to gain judgments on debts that are outside of the this time period. I base this on statements I have found on multiple web sites, as well as reviewing open records for civil issues brought to court by this office. Thank you for the advice; I am sure that all debtors realize that there is money that they owe. That does not excuse this apparent, deliberate disregard for rather clear-cut state law, nor their seeming disregard for the debtor who is not aware of these laws. The above does not constitute an admission of debt in this instance, or a refusal to pay any debt; it is given as a rebuttal to the above poster in reference to this specific issue.

First I would like to say that I have been in both first and third party collections, off and on for about 5 years. I read this report, as I read many, and feel the same as most in my field do. There is always someone who feels mis-guided when it comes to the collection of a bad or old debt. There are several "rumors" about every collection agency found around the world, and their ill manners in collecting a debt; that is not to say that there are not bad companies out there, or better to say bad debt collectors out there. When you find you have a problem such as this person above, you may want to look up the, "FDCPA" online and read through the entirety of it. This is known as "the bible" for most collectors and collection companies. It stands for, "Fair Debt Collections and Practices Act". This protects the collector and the debtor (former consumer). When you mention a time frame on your debt, I ask you this, does that mean that it is okay to incur debt and wait the so-called "specified" period of time so that you are no longer responsible for it? No. You are always responsible for it. Do companies sell of old debt to collection companies? Yes, though this is not illegal, it is buying the debt out, just like when a certain bank company bought out the smaller and now is the more dominant one. Daily people are mislead online by reading things which are only half true. Example, you were reluctant to give your social, and phone number; though per FDCPA the receptionist (who was probably a collections representative or trying to pass the account onto one) is not aloud to disclose ANY information to you about the debt until it is verified that you are in fact the correct person of which the debt belongs to. This is called "Third Party Disclosure" - this person more than likely wanted a way to contact you for your bad debt, along with verification that they were speaking to the correct person (which can be verified by the last 4 of your social). You said at the start of your report, that this was for an old credit card of yours? Yes, there is always one person who ruins it for the rest, but face reality folks - your debt NEVER goes away!! There is NO period of time you can sit and ignore phone calls, or notifications that are sent to you. It started with you wanting to purchase an item, it ended with you not paying your bill, and the company that financed you, that believed you were of statute to pay the amount they loaned you, finally giving up and yes selling off your debt to try to recover maybe 10 percent, if that, of what they loaned you. Everyone complains about the economy and how horrible it is, but we all need to start learning the facts. I encourage you to educate yourselves, and know your rights as a debtor - most of us have some sort of it sitting out there, but please, do not act as if you are being abused for simply being asked to pay what was loaned to you so easily by a trusting lender, or follow through with your contractual agreements.

An update: Last Friday I received a second dunning letter from Jerold Kaplan on behalf of MCM - or Midland Credit Funding, or whatever these bottom-feeders are calling themselves now. I sent a second debt validation letter to the law offices via fax just now, and am calling to confirm its receipt. I still have the original DV sent via mail (still in the "Refused" envelope). I doubt that this is going to go anywhere but court. In the meantime, I'm going to try and contact the credit card company and see when the last payment was made; since the card is no longer offered (an AT&T Universal Mastercard), I'm having some problems tracking down the contact information. Anyway - anyone else having problems with Jerold Kaplan, get the word out!

Midland Credit appears to have changed their name to Midland Funding or at least that is how it appears on the Application for Default that I received at my PO Box a little less than a week ago. To my surprise (after searching AZ Superior Court web site) I have a Civil Suit against me. Even stranger is that it was filed May 9, 2008. The docs I received from Jerold Kaplan (representing Midland Funding/Credit or whomever they say they are) state that I had been processed served NUMEROUS times and I failed to respond in the time allowed by the law. Say what??? The docs don't even referenced what it is I am actually being sued for. And now they are seeking a default because I failed to respond. Respond to what? No process server came to my home...no copies of the original suit filing were ever received by me and I certainly do not have them in my possession as I type this. I am in the process of filing a Civil Answer with the court. Are the practices of this law firm even legal? We need to get a Class Action Suit against them.

Save the receipt from the USPS...if they try to sue, you can use this to document that you tried to have the debt validated per your rights under the Fair Debt Collection Practices Act and they refused.

Gotta love this! LOL! Please tell us you saved the receipt from your first validation request that proves that your certified letter was not deliverable to the return address on the dunning letter! It is a violation to use deceptive means to attempt to collect a debt (federal FDCPA) and this includes attorneys who engage in debt collections. Sending you a dunning letter that states a return address that will not accept certified mail constitutes "deceptive" and is a violation of the FDCPA. Refer to the FDCPA, section 807.) I suggest you file a written formal complaint with the FTC. I would also file a complaint with whatever BAR association they are a member of. Finally, I would find an attorney to sue them in district court for violating the FDCPA. Good luck.