Robert
Ripley,#2Author of original report
Mon, September 20, 2004
well, i tried all the sugesstions, and nothing is working, now im getting more than the judgement was for, so far 500$ more. the sheriff with the garnishment says thats for fees, and im still short 300 more.. i wrote the bbb, and they wrote back saying it was legitament, well than how come they have 129 reported incidents with marine midland? i think the bbb is in cuhoots with them.i contacted another lawyer, and they cant sue other lawyers, some kind of code. i contacted the ftc, well they put it on file. if someone evr gets these crooks (mcm) please let me know. they have ruined my life. i cant get credit for a house or nothing, because there on there about 15 times, with a judgement. im fed up with them!
Don
Tulsa,#3Consumer Suggestion
Fri, July 23, 2004
First off, "Tony" probably wasn't even authorized to enter into such a settlement which is why the collection was never officially closed by Discover. Second, Midland is a subsidiary of Encore Capital. Encore buys bad debts for pennies on the dollar and tries to come after you for the full amount plus interest and fees. There is a Statute of Limitations on revolving accounts (credit cards). In New York, it's 6 years. So, if this was 10 years ago, the SOL has expired, and they cannot collect from you - the debt is considered timebarred. They can try to sue you, but you have a concrete defense - NY law forbids them from collecting on this debt. Your next move is to file a complaint against Midland with the Federal Trade Commission - you can do this online. Then you report them to the Attorney General for the State of New York. Lastly, you report the attorneys to their State Bar, Attorney Grievance Commission, or whatever entity governs attorneys in NY. You are one of the millions who are taken daily by these predators because you're not aware of your rights. I also suggest to you, and others that you familiarize yourselves with the Fair Credit Reporting Act and the Fair Debt Collection Practices Act (both available online). It's time to stop being victimized. These laws have been on the books to protect us for more than 20 years, but nobody tells about them. To add, the FTC is looking very closely at Midland for their illegal practices. Expect action against them in the near future. Good luck to you and anyone else being bullied by Collection Agencies. Fight Back!