- Report: #99755
Complaint Review: Midland Credit Management - San Diego California
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Midland Credit Management
5775 Roscoe Ct. San Diego, 92123 California, U.S.A.
Phone:
858-560-2600
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Midland Credit Management sued me for a paid off credit card from discover San Diego California
about 10 years ago, i had a credit card from discover that went bad, and after numerous phone calls from a collection agency, they offered to settle for $834. so i paid this offer to get rid of the daily phone calls from a guy named tony, and never heard from them again.
until nov 2003, when i got a summens to appear in jamestown, ny court for a debt collection from midland credit management for $3434. so i called the 800 number on the form and talked to midland. they said it was for a discover bill. i told them that it was paid off, per settlement agreement 10 years ago, they looked it up, and told me just to disregard the notice for court, and they apologized for the inconvenience.
well a few weeks later, $68 was deducted from my paycheck for a court order. i called them back, and asked what was going on, they said all questions had to be answered by their attorneys in new york city.(stephen einstein & assotiates- 212-267-3550)i called, and they would not answer me why i was sued, and when i called midland, they put me on a gag order. well i hired 2 different lawyers that said they would help, but didnt do anything but take another $300. so know i have $3434 + $834 + $300 on a $1000 discover card that was paid off, help, what should i do????
Robert
ripley, New York
U.S.A.
until nov 2003, when i got a summens to appear in jamestown, ny court for a debt collection from midland credit management for $3434. so i called the 800 number on the form and talked to midland. they said it was for a discover bill. i told them that it was paid off, per settlement agreement 10 years ago, they looked it up, and told me just to disregard the notice for court, and they apologized for the inconvenience.
well a few weeks later, $68 was deducted from my paycheck for a court order. i called them back, and asked what was going on, they said all questions had to be answered by their attorneys in new york city.(stephen einstein & assotiates- 212-267-3550)i called, and they would not answer me why i was sued, and when i called midland, they put me on a gag order. well i hired 2 different lawyers that said they would help, but didnt do anything but take another $300. so know i have $3434 + $834 + $300 on a $1000 discover card that was paid off, help, what should i do????
Robert
ripley, New York
U.S.A.
2 Updates & Rebuttals
Robert
Ripley,New York,
U.S.A.
still fightin marine midland
#2Author of original report
Mon, September 20, 2004
well, i tried all the sugesstions, and nothing is working, now im getting more than the judgement was for, so far 500$ 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,Oklahoma,
U.S.A.
Report them and their attorney
#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!
