Midland credit management

[Alillowr]

I might have missed the boat but I figured I would ask. I had recieved a letter from these guys pretty much saying that they can and may send my accr to their attorneys to collect the debt if they don't recieve a payment of 250 by deb 28th. (don't remember the exact wording). Of course the procrastenator that I am I didn't read the letter untill yesterday and as of now I am past that date. To my understanding I should have tried to send a validation letter to make sure that it is accurate so I assume that it's to late for that. I was planning on giving them a call and see if they will take a smaller payment (don't have the 250) and my question is, is this my best option I try and not get sued? I know the validation process takes awhile and figures by that time they may already be running there process. Please help

[Trish]

Hello. Welcome.

Well, it all depends on several things...

Was it just a collection letter? or was it a summons and complaint?
How old is the debt? How much is the debt for? Is it reporting on your CR?

I just need a bit more info and then I will be able to answer your question a little better.

[Alillowr]

The debt is about 1500

It is a collection letter not a summons and I think the debt is about 3 yes old ( I don't remember how long exactly) I won't know untill I get home.

Thanks

[Trish]

Ok, well....depending on which state you are in.....it is more than likely still within SOL. Once you get home, look and find out for sure.
The SOL clock starts on the DOFD (date of first delinquency) and you can find out your state's SOL here. The SOL also depends on what type of debt this is. If you're not sure, let me know.

Unfortunately......I have a close relationship with Midland ........i.e. I was sued and send them a check every month.
$1500 would definitely be enough for them to sue over.

It would be in your best interest to get a DV to them ASAP. I would even overnight it to be safe. No matter how you send it, make sure it is traceable and you get a signature confirmation.
Keep a very good paper trail with these guys. You may need it.

It doesn't have to be a long drawn out DV letter. Just a simple one stating you are disputing the validity of the debt and request validation. I am just hoping they are not already filing papers with the court. These guys work fast and they prey on the ignorant. I found out that most of their "wins" in court are due to no shows.......people that just don't know what to do or that are ignoring it. (I sat in a courtroom and watched about 7 default judgments happen before they even called my name - all due to no shows) So you have a good chance if you pay attention and correspond with them.

So get the information from home so you can figure out the SOL status.
But be sure to get out a DV to them soon. That's the most important thing right now.

[Alillowr]

I just checked and it Is within the timeframe of SOL. But I think I will just call and make payment arrangements just because I don't want to risk any more time fot the DV process and if it were to come back validated, being really really to late. Thanks for the help and advise though.

[Trish]

I understand you wanting to take care of it quickly but I would not advise calling a CA.
You always have the right to validation.

IF you do call them, at least get what ever arrangement you make IN WRITING. You can have them fax you.
Hey and just a thought.......you could always fax a DV to them too. CAs are sneaky and slimy.......you can make an agreement over the phone and tomorrow it never happened..........and you have no proof.

Validation is important because you want to make sure they have the right to collect on the debt, that they are licensed to collect in your state and that the amounts they have are correct. If they have the right to collect on it, then they should have no problem producing proof from the OC and giving you an detailed list of charges and how they came to the amount they are claiming you owe.