Midland Credit Mgmt - Midland Funding - Law Offices Of Trauner Cohen & Thomas, harrassment of family, attempt false debt collection Atlanta Georgia

The law does state that the collector is SUPPOSED to state that in the initial letter to the consumer (or to a response to a validation request): That if the debtor fails to respond within 30 days the debt is assumed to be valid.

That's what Cucumberwrap said.


Otherwise I'd agree with you - failing to respond within 30 days doesn't affect the debtor's rights. However, on the flip side, I've read that some federal courts feel that negative reporting to a CRA is considered collection action, so the process is supposed to go like this:

Call to debtor followed by letter within 5 days. Or just a letter to start.
30 day window begins.
If the debtor fails to respond within 30 days, then the collection agency can report to a CRA.

Reporting before the 30 day window expires would be deemed as collection action in violation of the FDCPA. However not every judge sees it that way. I do, but I'm not a lawyer so it doesn't matter.

There is no law stating that a debt is valid after 30 days of silence from the debtor. It does, however, let the creditor assume that since the debotr did not respond, the debt is valid. It's like Child support services assume the alleged father is the biological father when he doesn't show up for a paternity test or like most judgements assume the defendant is guilty if he/she doesn't show up to defend themselves. When they send you notice of validation, right then they view you as a defendant and assume you as guilty when you don't respond. The difference here is that you can "appeal" that more than once. They assume you owe the debt until you request validation again. Since you are with CCCS, THEY should be the ones to contact your creditor and stop those calls. I used to be a collector for years and the one thing I always noticed was that consumer credit couselors rarely ever do what they are suppsoed to to stop those calls. Most attorneys are too lazy to send out letters to stop those calls too. Basically, I'm saying you need to talk to your ccc and he/she needs to contact your creditor. Don't give the collector your counselors number. They'll just tell you they don't work with cccs agencies which is crap. Hope this helps you.

There is no law stating that a debt is valid after 30 days of silence from the debtor. It does, however, let the creditor assume that since the debotr did not respond, the debt is valid. It's like Child support services assume the alleged father is the biological father when he doesn't show up for a paternity test or like most judgements assume the defendant is guilty if he/she doesn't show up to defend themselves. When they send you notice of validation, right then they view you as a defendant and assume you as guilty when you don't respond. The difference here is that you can "appeal" that more than once. They assume you owe the debt until you request validation again. Since you are with CCCS, THEY should be the ones to contact your creditor and stop those calls. I used to be a collector for years and the one thing I always noticed was that consumer credit couselors rarely ever do what they are suppsoed to to stop those calls. Most attorneys are too lazy to send out letters to stop those calls too. Basically, I'm saying you need to talk to your ccc and he/she needs to contact your creditor. Don't give the collector your counselors number. They'll just tell you they don't work with cccs agencies which is crap. Hope this helps you.

There is no law stating that a debt is valid after 30 days of silence from the debtor. It does, however, let the creditor assume that since the debotr did not respond, the debt is valid. It's like Child support services assume the alleged father is the biological father when he doesn't show up for a paternity test or like most judgements assume the defendant is guilty if he/she doesn't show up to defend themselves. When they send you notice of validation, right then they view you as a defendant and assume you as guilty when you don't respond. The difference here is that you can "appeal" that more than once. They assume you owe the debt until you request validation again. Since you are with CCCS, THEY should be the ones to contact your creditor and stop those calls. I used to be a collector for years and the one thing I always noticed was that consumer credit couselors rarely ever do what they are suppsoed to to stop those calls. Most attorneys are too lazy to send out letters to stop those calls too. Basically, I'm saying you need to talk to your ccc and he/she needs to contact your creditor. Don't give the collector your counselors number. They'll just tell you they don't work with cccs agencies which is crap. Hope this helps you.

There is no law stating that a debt is valid after 30 days of silence from the debtor. It does, however, let the creditor assume that since the debotr did not respond, the debt is valid. It's like Child support services assume the alleged father is the biological father when he doesn't show up for a paternity test or like most judgements assume the defendant is guilty if he/she doesn't show up to defend themselves. When they send you notice of validation, right then they view you as a defendant and assume you as guilty when you don't respond. The difference here is that you can "appeal" that more than once. They assume you owe the debt until you request validation again. Since you are with CCCS, THEY should be the ones to contact your creditor and stop those calls. I used to be a collector for years and the one thing I always noticed was that consumer credit couselors rarely ever do what they are suppsoed to to stop those calls. Most attorneys are too lazy to send out letters to stop those calls too. Basically, I'm saying you need to talk to your ccc and he/she needs to contact your creditor. Don't give the collector your counselors number. They'll just tell you they don't work with cccs agencies which is crap. Hope this helps you.

There is no legal obligation on the "debtor's" part to respond at all to a collections letter.

That 30 day thing is total BS. The debtor's rights under the law are totally unaffected if that debtor chooses not to respond at all to a collection letter.

That "30 days to respond" or "the debt will be assumed valid" is just debt collector jibberish, and is not the law. It is simply a means of intimidation.

Learn the law before spouting jibberish. Read the entire FDCPA.

http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf

This why you should send certified mail when you send your debt validation/verification letter. You can also find debt validation letters online if you feel that would be easier. See the following. It specifically states that the debt collector must respond within five days.

The thirty days rule may pertain to when a collection agency sends you a demand letter letting you know they have received a debt in your name for some account. It should state you have 30 days to contact the agency or they will assume the debt is valid. This is why you should immediately send a debt validation letter if you were ever to receive a demand letter.
So if they haven't yet and they are just calling you, its still a good idea to send a debt validation letter to see if they can follow the rules.

809. Validation of debts

(a) Within FIVE days after the initial communication with a
consumer in connection with the collection of any debt,
a debt collector shall, unless the following information is
contained in the initial communication or the consumer has
paid the debt, send the consumer a written notice containing
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days
after receipt of the notice, disputes the validity of the
debt, or any portion thereof, the debt will be assumed
to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector
in writing within the thirty-day period that the
debt, or any portion thereof, is disputed, the debt collector
will obtain verification of the debt or a copy of
a judgment against the consumer and a copy of such
verification or judgment will be mailed to the consumer
by the debt collector; and
(5) a statement that, upon the consumer's written request
within the thirty-day period, the debt collector will
provide the consumer with the name and address of the
original creditor, if different from the current creditor.
(b) If the consumer notifies the debt collector in writing within
the thirty-day period described in subsection (a) that the
debt, or any portion thereof, is disputed, or that the consumer
requests the name and address of the original credi-
15 USC 1692gtor, the debt collector shall cease collection of the debt,
or any disputed portion thereof, until the debt collector
obtains verification of the debt or any copy of a judgment,
or the name and address of the original creditor, and a copy
of such verification or judgment, or name and address of
the original creditor, is mailed to the consumer by the debt
collector. Collection activities and communications that
do not otherwise violate this title may continue during
the 30-day period referred to in subsection (a) unless the
consumer has notified the debt collector in writing that the
debt, or any portion of the debt, is disputed or that the consumer
requests the name and address of the original creditor.
Any collection activities and communication during the
30-day period may not overshadow or be inconsistent with
the disclosure of the consumer's right to dispute the debt or
request the name and address of the original creditor.

Also this is very helpful as well. If you were to ever personally talk to a debt collector, listen to see if he identifies himself. Ask your mother to tell them to remove her number for their database.
804. Acquisition of location information
Any debt collector communicating with any person other
than the consumer for the purpose of acquiring location information
about the consumer shall
(1) identify himself, state that he is confirming or correcting
location information concerning the consumer, and,
only if expressly requested, identify his employer;
(2) not state that such consumer owes any debt;
(3) not communicate with any such person more than once
unless requested to do so by such person or unless
the debt collector reasonably believes that the earlier
response of such person is erroneous or incomplete and
that such person now has correct or complete location
information;

In terms of ceasing communication:
CEASING COMMUNICATION. If a consumer notifies a
debt collector in writing that the consumer refuses to pay a
debt or that the consumer wishes the debt collector to cease
further communication with the consumer, the debt collector
shall not communicate further with the consumer with
respect to such debt, except
(1) to advise the consumer that the debt collector's further
efforts are being terminated;
(2) to notify the consumer that the debt collector or creditor
may invoke specified remedies which are ordinarily
invoked by such debt collector or creditor; or where applicable, to notify the consumer that the debt
collector or creditor intends to invoke a specified remedy
(SUCH AS SUING YOU. They can never say they are going to do something without being in the position to do such an action such as they can't threaten to garnish your wages if they don't intend to it. It is a form of threat if they do. My friend told me a debt collector called her house for her dad (who doesn't live there by the way), and left a nasty message about how her dad wouldn't want to have his wages garnished when they weren't in the position to do so.) In order to garnish you, they must sue you, serve you, win judgment against you, and then file a garnishment petition. So this is something to keep in mind as well in terms of verbal or written communication from agencies) or

If such notice from the consumer is made by mail, notification
shall be complete upon receipt.
(d) For the purpose of this section, the term consumer includes
the consumer's spouse, parent (if the consumer is a
minor), guardian, executor, or administrator.

I hope this helped. It's definitely worth reading because you can have can a real tough time with these people and you need to beat them at their own game. Know the guidelines they have to follow.

Hollan,

First of all, you should stay away from CCS's. They are usually bad news. They can NOT legally stop foreclosure of your home, or you being sued. These are the things they don't tell you. They also don't tell you that in most cases using them hurts your credit worse than filing BK or just walking away.

You need to request something in writing from the CCS that spells out in writing exactly what "deals" they have with your creditors. If they cannot or will not provide you with these, run fast!!

Also, stay off the phone. NEVER speak to any third party debt collector on the phone! Always do everything in writing, and by certified mail, return reciept requested. Be sure to put the certified# on the letter itself and keep a copy for your records. This procedure is very important.

And, NEVER sign anything you send to a bottomfeeder. Your signature would most likely end up on a contract!

Also, ignore bad advice like that given by the other contributor here. It will cost you money.

There is NO SUCH THING in debt collections as a "cease and desist" letter. It simply does not exist. The exact verbage straight from the FDCPA is "CEASE COMMUNICATIONS REQUEST". Proper terminology is absolutely essential when making a LEGAL REQUEST.

And, the creditor/collector has 30 days to respond, from the date of reciept. You should also pound their fax #'s and emails with that letter, just so they cannot say they didn't get it. And, it just feels good to harass the bottomfeeder. Payback.

Don't get mad, GET PAID!!



>>>This is an example of BAD advice>>
Submitted: 7/13/2008 8:24:18 PM
Modified: 7/13/2008 10:02:31 PM Cucumberwrap
Bagdad, Kentucky
U.S.A.

Ask for validation of debt
The problem with Credit Consolidation programs is that while they may have an agreement with you, they do not have an agreement with the Midland Funding. You need to send a letter in writing asking them to validate the debt. They have only so many days to respond to your letter. I think they have 5 days from the receipt of your letter to validate your debt. So send it certified mail, keep copies of letters with dates on them.

In your debt validation letter, you must write 'Cease and desist' and to only contact you through writing. This means they must stop calling your house, your mother's house, etc. If they do not, you have a valid complaint. Without letters in writing, this company can continue to call you.

And yes, they can sue you if don't respond to their requests. This then means you will have to file an answer with the court and then possibly have a hearing date.

If in fact you do owe the debt (for instance if you have a citibank card and now Midland Funding owns it), it is in your best interest to settle on the account now. If you get sued, you're liable for court costs, attorney's fees, and interest! So get out now while you can. And you should directly deal with this company. Do not sit back and allow CCCS to handle your business. CCCS may state, 'Hey we are going to just send $40.00 a month.' Well this isn't an agreement with Midland. You need to make an agreement with Midland yourself. So do not be tricked into thinking everything is taken care of.



>>>

The problem with Credit Consolidation programs is that while they may have an agreement with you, they do not have an agreement with the Midland Funding. You need to send a letter in writing asking them to validate the debt. They have only so many days to respond to your letter. I think they have 5 days from the receipt of your letter to validate your debt. So send it certified mail, keep copies of letters with dates on them.

In your debt validation letter, you must write "Cease and desist" and to only contact you through writing. This means they must stop calling your house, your mother's house, etc. If they do not, you have a valid complaint. Without letters in writing, this company can continue to call you.

And yes, they can sue you if don't respond to their requests. This then means you will have to file an answer with the court and then possibly have a hearing date.

If in fact you do owe the debt (for instance if you have a citibank card and now Midland Funding owns it), it is in your best interest to settle on the account now. If you get sued, you're liable for court costs, attorney's fees, and interest! So get out now while you can. And you should directly deal with this company. Do not sit back and allow CCCS to handle your business. CCCS may state, "Hey we are going to just send $40.00 a month." Well this isn't an agreement with Midland. You need to make an agreement with Midland yourself. So do not be tricked into thinking everything is taken care of.