MCM - Midland Credit Management, Collecting For Beneficial Or Houshold ,MCM - Trying To Collect On Old Benefial Accounts San Diego California

There are a few issues here, and it's important to think of them, and deal with them, separately instead of assuming that one determines the outcome of another.

First, there is the issue of whether this company is allowed to collect in Florida. Well, this question can have a few different answers. A lack of Florida licensure may prevent them from taking on accounts from clients in Florida, but may not bar them from collecting from Florida residents. It certainly does not prevent them from hiring an attorney to bring a lawsuit in Florida, regardless of whether or not they are actually legally allowed to do so.

Second, there is the "forum" issue (the matter of whether a Florida court would have jurisdiction or would be a proper venue for this claim). Venue probably isn't an issue because the debtor resides in Florida. Jurisdiction is a bit trickier. If the debt originated in Wisconsin, and the lender is a Wisconsin company, then a Florida state court probably doesn't have jurisdiction over the matter. A federal court wouldn't have jurisdiction either because the amount claimed is too low. But there may be other factors here that would allow for jurisdiction in Florida.

Then there is the statute of limitations issue. Generally, the statute of limitations begins to run when the last payment is made or when a payment arrangement is made. There is alot of confusion over payment agreements and statutes of limitations. Many people think that restarting the clock when an arrangement is made is an illegal re-aging of the debt. It is not, because it is not actually a re-aging. Rather, the payment arrangement creates an entirely new contract, thus restarting the clock.

Finally, assuming that this agency is not allowed to collect in Florida, that jurisdiction is inappropriate, and that the statute of limitations has run out, does any of this prevent them from filing a lawsuit? NO!

These are defenses that could be raised within the context of a lawsuit, but they do not prevent a lawsuit, nor do they prevent the plaintiff from receiving a judgment.

MCM is NOT licensed to collect in Florida.

I have also had problems with midland credit management.Learn your rights under
the FCRA AND FDCPA.Check your credit reports and get copies of them to prove the dates of the old account.It is absolutley illegal to re-age a old debt. Go to
this website for help www.creditlinksrus.com/credit_reporting_laws.htm.This is
a great website which will tell you your rights.
Best of Luck!!!!!!!!

...is online. Googling a company called BCS Alliance to locate their website and selecting Wisonsin and then Florida may be of help to you. They also have links to other pertinent information.

Don't know as to whether or not they are licensed in FL, but should they proceed with a lawsuit...check this website to confirm Statute of Limitations has or has not expired in both States. FTC typically says that the lawsuit be filed in the state in which the "debtor" resides not the state in which debt was initiated.

(((Link Redacted)))

Do not pay and verify any last payments that would have been made as this will reset the SOL back to ZERO! Send the vultures a Validation of Debt letter (samples are available by performing a web search). If you can verify that the SOL has expired send the lovelies a cease and desist letter letting them know that they are trying to collect on a debt that is considered "time-barred". Search "time-barred" on the web...FTC is typcially the first to pull up.

I am not knowledgable to say with 100 percent fact on this but if the debt was produced in Wisconsin then Wisconsin law should be applied. I suggest either going on-line or called the state department of financial affairs in Madison, WI. Most of this can be on-line (from viewing assistance to filing a complaint). I guess what I am saying is talk to the state first and they will give you the best advise for your situation here.

READ DEALING WITH COLLECTORS 101. (SCROLL DOWN TO IT)

You will find the information you are looking for at this website.

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