• Report: #340834

Complaint Review: Midland Credit Management, Inc. (MCM)

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  • Submitted: Mon, June 16, 2008
  • Updated: Thu, June 19, 2008

  • Reported By:San Francisco California
Midland Credit Management, Inc. (MCM)
P.O. Box 939019 San Diego, California U.S.A.

MCM Collection Agency Midland Credit Management, Inc. (MCM) At it again: MCM trying to collect a 12 years old debts which has been discharged in Bankruptcy court in 1997!! San Diego California

*Consumer Suggestion: Advice

*Consumer Comment: I think they just try to see who pays.

*Consumer Comment: Advise...

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I just received a formal letter from MCM Collection Agency "offering" 40% off a my "current balance" if I paid by July 21th 2008!!! what a deal, isn't it?

Well, this " current balance" of mine has been included in chapter 7 bankruptcy 11 years ago .

I e-mailed the attorney who represented me for that case, and I have advised to call again and to give them the case number which I did to no avail...as the agent stated: You should start paying on this debt or face 'severe penalties'

I have requested a copy of my case through the Federal Record Center, and will see from there.

Any input on this will be greatly appreciated.

Arthus
San Francisco, California
U.S.A.

This report was posted on Ripoff Report on 06/16/2008 06:04 PM and is a permanent record located here: http://www.ripoffreport.com/r/Midland-Credit-Management-Inc-MCM/San-Diego-California-92123-9019/MCM-Collection-Agency-Midland-Credit-Management-Inc-MCM-At-it-again-MCM-trying-to-col-340834. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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0Author 3Consumer 0Employee/Owner
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#1 Consumer Suggestion

Advice

AUTHOR: Tim - (U.S.A.)

Arthus,

I am a practicing bankruptcy attorney. I have never heard of the Federal Record Center. That's not to say it doesn't exist, but I've never heard of it. We use PACER now, but I think your case is too old for PACER, otherwise I would gladly retrieve the necessary Bk documents for you.

You may run into a problem in that your bankruptcy was so long ago. Courts of original jurisdiction don't generally hang on to records for all that long (I think it's usually about 7 years). There is likely still a record that you filed Bk and received a discharge, but the record of which debts were discharged may be gone. Your attorney likely disposed of the records a few years ago as well.

But as an above poster stated, the debt is time barred anyways, so there is no way that they can legally pursue judicial collections or place this blight on your credit report. That's not to say that they WON'T pursue judicial collections or place a blight on your credit report. But if they do, you have a whole 'nother couple of legal violations on their part.

So here's what I would do if I were in your shoes. I would send THEM a letter stating that, in exchange for forebearance from a lawsuit seeking sanctions for violations of the FDCPA and the Bankruptcy Code, YOU will settle with THEM for $2,000 and a formal letter stating that you have no personal liability on this debt.

For my fellow FDCPA enthusiasts who may ask: the FDCPA violation is in the "severe penalties" statement. This implies that legal action will be taken. Given that the debt is time barred, legal action cannot be legally taken. The threat of legal action where there is an absolute affirmative defense is a violation of the FDCPA.

Best regards!
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#2 Consumer Comment

I think they just try to see who pays.

AUTHOR: Nikki - (U.S.A.)

Last year I received the same type of letter from Midland. Rather than calling (didn't want anyone to berate me), I sent them a letter stating the debt was dismissed with prejudice by a judge. My account was never turned over or sold to a collection agency and the suit was brought by the original creditor.

Midland shortly sent me a letter that they were closing the account and would no longer attempt collection. I think they were just trying to see if I'd pay up. I don't really blame them, I blame the bank who sold them a debt that was previously settled.

Another funny, Midland stated the date of delinquency was in 1998, but the order of dismissal was signed by the judge in 1996.

Let's see if they sell the account a few years from now.
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#3 Consumer Comment

Advise...

AUTHOR: John - (U.S.A.)

This debt is so old that the BK filing really doesn't matter. This debt is outside the statute of limitations AND the 7-year reporting cycle. All you have to do is send them a Cease Communications Letter, per your rights under the Fair Debt Collections Practices Act.

Send via certified mail with return receipt and state:

Per the Fair Debt Collections Practices Act, cease communications with me regarding this debt. It is beyond the statute of limitations and it was discharged in a bankruptcy filing.

DO NOT sign your name on this letter. They might pull it off and put it on a forged document.

They have NO power over you. DO NOT let them scare you with bogus threats "face 'severe penalties.' There is nothing they can do to you. However, if you let them scare you into making a payment, then this will validate the debt and you WILL have to pay it.
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