Complaint Review: Midland Credit Management - San Diego California

The 7 year report is on long an account or debt can stay on your credit file, some files can stay on your credit report for longer then 7 years, that's mainly irs and judgements and a couple of others Each state has a statute of limitation, that legal action can be taken against you in a court of law, once that passes, you should not be sued, but that doesn't stop the collection agencys from trying collection agencys, will, have and do, take old accounts that, are pass the state of limitation and the 7 years reporting date to any credit bureau and re-age these debts to make then appear newer, counting on you not to know the law or rights FDCRA is what everything is to go by, and states have some of there own laws too the statute of limitation for each state is differant, and there are some states, that have rules with the statutes. Ohio is one of the worst states, with a 15 year limit, I think Ky, had the same I think, there should be a provision, within the FDCPA, that all states should have the same statute of limitation, grand father the debts there are on your credit report make all types to 5 years It interesting that a personal injury has 2 years to file a claim, a year to file a malpractices, but contract defaults have 15 years that is an injustice, if there ever was one

I thought the limitations on a collections agency being able to keep these things on your credit report or do anything to you legally is 7 years from the last payment. Am I wrong? It looks like you should be just about done. right> Thanks for any info...Cheryl

sounds like they are just trying to scare you into paying - the papers are usually filed at the court, and as they are filed, a court date is determined, and THEN they send it to you in the mail. SUE THEM - small claims - there is a mandatory $1000 penalty for them to pay - look on the internet for the fair credit act on colltions. i received a letter once from someone that i hadnt even heard about with a court and a case number on it that said a judgement had been reached and i had to pay - i called the court and they said not to even worry about it because it was never filed in the court im not a lawyer - but if you call the court and there is no court date, i would assume that the papers you have are evidence for fraud - sue the bastards if you want to pick up some cash, otherwise throw it out - maybe show up on that court date just incase they have some kind of trick up their sleve also the statue of limitations is 4 years from the last time you made a payment on the account (sometimes they can push it back like 30 to 90 days saying that was when it became delinquent) but if this doesn end up in court - ask them for proof of the last payment you made to them - if they dont have it - they are SOL

The problem here is that when I drove my ex wife to the court to file her response this morning, they told us that this summons was never filed in the court. The summons has a place Entitled "Court Use Only" however it is blank. There is no case #, no Division #, and No Courtroom #. It is just blank. I cannot file an answer if there is no file in the court. What is the law regarding when this summons must be filed in the courts? I have already made it a point to put on my calendar the court date and time, since we definitly plan on attending. If we get there and there is no case, what do we do next? I am very interested in Amys case since she has the same problem with the same company and laywer. Amy, please make sure you update your report on this site, after you go to court on this. If this is a scam, and it turns out it is illegal to serve a bogus summons, we should get together to get this lawyer disbarred. Steve, I have noticed that you have taken a particular interest in Midlands corruption and I think your efforts and advice should be commended. After all is said and done, I plan on reading extensively about this corruption in our country regarding collections and hopefully I can offer the same advice to future consumers that get bullied around. I am not a lawyer, nor do I have a legal background, but I am a small business owner with a vendeta against those that push around and manipulate people out of their hard earned money.

Eric, The SOL on that debt in CA is 4 years from the date it was charged off by the original creditor. This date does not change when someone else buys it. Therefore, they knowingly and illegally changed the dates. You are entitled to damages on this. File a countersuit right away, and a Bar Association complaint against the lawyer who filed the suit, as this is a serious ethics violation that could lead to being disbarred. MCM files many lawsuits and just hopes for default. At this point debt validation requestst are not done. That is all stuff to do before a lawsuit is filed. Just file your answer to the summons with the court and the plaintiff as required by law. Clearly state your name, the case# and the court, and then clearly deny the debt for reasons of expired SOL. Then state that no collections actions were taken by this company prior to the lawsuit being filed and state that you feel the lawsuit is therfore frivolous and should be dismissed. FYI..Beneficial is totally out of the picture here except for determining SOL. MCM bought this debt for pennies or less on the dollar. They must prove you owe them the money, and they must be able to itemize everything and provide written proof that they own the debt and how much they paid for it. Good luck.

Hello Eric, I saw your reply to this same problem I'm having with MCM over on my posting, and decided to come over here and look at what they were doing to you. I posted a reply for you over on my post, I'll repeat here too so that you get the information I've found so far. Not sure how much good it'll be, I expect I'll know more in the next couple days. But it's a start! As I mentioned over there - I called the County Court (a couple of times) to verify they had record of the Summons I was served, and they didn't. The first time I called, the person I spoke with told me "we get a lot of those" when I told her I suspected the Summons was a fake, so it appears that such manipulation IS going on. I did manage to finally find someone to talk with about this "little problem". In my "poking around" looking for a lawyer to help me, I came across Boulder County Legal Services, and have an appointment to speak with them tomorrow morning bright and early. I don't know that they can help you over in JeffCo, but I'm willing to bet there is a similar organization over in your neck of the woods. You might try giving them a call and see if they have a number for you to contact? Good luck to you as well!

The summons for court is 2 weeks from the day it was served to her, how do I ask Midland Credit Management to provide all of the information in 30 days if my wife only has 2 weeks before her court date?