Midland Credit Management, Inc., Midland Funding, LLC, Mann Bracken, LLC MCM is trying to intimidate me to pay on a debt that I settled back in 2005. Oaks Pennsylvania

""Each violation of the act carries a statutory penalty of $1,000 to $2,500""

Incorrect. The FDCPA specifically states that for an individual lawsuit for violations, the statutory damages are up to (capped at) $1000. This means that the court can award up to $1000 in statutory damages (per lawsuit.)

However, the act also allows for actual damages as well as reasonable attorney fees.

Each violation of the act carries a statutory penalty of $1,000 to $2,500.
Each time they attempt to collect the debt after you disputed it is a violation.
You will get nowhere unless you mail or fax a demand for damages to the right department.Don't expect anything but aggravation from the people in the collections office. Send a request for validation to the corporate office. There is an extension for customer relations with people other than the low-level idiots who call you to attempt collection, and I promise you, the collection idiots know nothing except how to extort payment. If you dial the 800 number, and hit extension 2980, you can speak with someone there.
The correct numbers for faxing or mailing DEMANDS FOR COMPENSATION DUE TO FDCPA violations: FAX: 800-577-4133
Midland Funding, LLC
8875 Aero Drive SUITE 200
San Diego, Ca. 92123

Arbitration is simply to settle disputes on the credit contract.

Nobody can force you to go to arbitration, it is optional.

ONLY a court can issue a judgement and/or a garnishment order, and that is ONLY after being sued in a civil court.

An arbitrator cannot issue a default judgement or a garnishment order.
Just don't show up at the arbitration.
Simple enough.

That is how you beat the arbitration.
Stay home.
Watch TV.
Drink beer.

Anybody dealing with these lawyers, Mann Bracken, they try to take you to court, to intimidate you to pay, you go to court, but they do not show up, why? because they have a better chance to beat you in Arbitration.
At First you win in civil court by default, they they have 30 days to fight it back, and most of the time you win even in arbitration if they do no show up either, but if you are right and try to negotiate, and have your credit report showing either charged off and written off and they say they are representing the credit card company, they are liers, because once a cc is written off, the account is bought by these bottom debt collector. This is how Mann Bracken got famous, by taking people to arbitration in hope they were afraid and would not show up to court.

Educate yourself.

investigating about the debt collector and keeping record of all calls.

I can tell you how I defeated Arrow Financial In arbitration!!!!! and I am not a lawyer!!!!

I had a FCNB account and paid the account in full in 2005 with a collection agency (Simm Associates). A few weeks ago I was served with a court summons from a law firm representing Midland Credit Management. They are trying to collect on a debt that was already paid to another collection agency - like you!! And like you I have the proof to show I paid the other collection agency. FCNB no longer exists - went bankrupt so you can't get any documentation from them. Send MCM a debt validation letter certified mail receipt requested and keep a copy. Google debt validaion letters for good examples. MCM needs to be able to prove you owe the debt and they won't be able to since you paid it off. Check out Bud Hibbs' website about MCM - you can email him for free assistance/advice. Get a free copy of your credit report - MCM put a negative report on mine and since it is false they are violating the FCRA - they will have to pay a fine to me - I think it's $1000.00. If your credit report is affected you should probably consult a consumer attorney - go to www.naca.net. I contacted an attorney from there today and it was great! I won't have to pay anything - the fine from MCM should cover all costs and get my credit report fixed. I also intend to file a complaint against the law firm representing MCM. This is crap - what MCM is doing is not legal and they (and the law firms that work with them) need to be stopped. They prey on consumers that are not educated about the law (most of us aren't) and bully them into paying. If they get 6 out of 10 consumers to pay on an average debt of $1000.00 they can afford to pay the fines for their illegal practices. You need to fight this - we have legal rights and can win!! When I was served with a court summons from a law firm representing MCM I thought this can't be happening - it's unreal. After MANY hours of research on the internet it seems that it is more common than we think. I wish you the best of luck!!! Not that you'll need luck - the law is on your side. :)

I had a FCNB account and paid the account in full in 2005 with a collection agency (Simm Associates). A few weeks ago I was served with a court summons from a law firm representing Midland Credit Management. They are trying to collect on a debt that was already paid to another collection agency - like you!! And like you I have the proof to show I paid the other collection agency. FCNB no longer exists - went bankrupt so you can't get any documentation from them. Send MCM a debt validation letter certified mail receipt requested and keep a copy. Google debt validaion letters for good examples. MCM needs to be able to prove you owe the debt and they won't be able to since you paid it off. Check out Bud Hibbs' website about MCM - you can email him for free assistance/advice. Get a free copy of your credit report - MCM put a negative report on mine and since it is false they are violating the FCRA - they will have to pay a fine to me - I think it's $1000.00. If your credit report is affected you should probably consult a consumer attorney - go to www.naca.net. I contacted an attorney from there today and it was great! I won't have to pay anything - the fine from MCM should cover all costs and get my credit report fixed. I also intend to file a complaint against the law firm representing MCM. This is crap - what MCM is doing is not legal and they (and the law firms that work with them) need to be stopped. They prey on consumers that are not educated about the law (most of us aren't) and bully them into paying. If they get 6 out of 10 consumers to pay on an average debt of $1000.00 they can afford to pay the fines for their illegal practices. You need to fight this - we have legal rights and can win!! When I was served with a court summons from a law firm representing MCM I thought this can't be happening - it's unreal. After MANY hours of research on the internet it seems that it is more common than we think. I wish you the best of luck!!! Not that you'll need luck - the law is on your side. :)

I had a FCNB account and paid the account in full in 2005 with a collection agency (Simm Associates). A few weeks ago I was served with a court summons from a law firm representing Midland Credit Management. They are trying to collect on a debt that was already paid to another collection agency - like you!! And like you I have the proof to show I paid the other collection agency. FCNB no longer exists - went bankrupt so you can't get any documentation from them. Send MCM a debt validation letter certified mail receipt requested and keep a copy. Google debt validaion letters for good examples. MCM needs to be able to prove you owe the debt and they won't be able to since you paid it off. Check out Bud Hibbs' website about MCM - you can email him for free assistance/advice. Get a free copy of your credit report - MCM put a negative report on mine and since it is false they are violating the FCRA - they will have to pay a fine to me - I think it's $1000.00. If your credit report is affected you should probably consult a consumer attorney - go to www.naca.net. I contacted an attorney from there today and it was great! I won't have to pay anything - the fine from MCM should cover all costs and get my credit report fixed. I also intend to file a complaint against the law firm representing MCM. This is crap - what MCM is doing is not legal and they (and the law firms that work with them) need to be stopped. They prey on consumers that are not educated about the law (most of us aren't) and bully them into paying. If they get 6 out of 10 consumers to pay on an average debt of $1000.00 they can afford to pay the fines for their illegal practices. You need to fight this - we have legal rights and can win!! When I was served with a court summons from a law firm representing MCM I thought this can't be happening - it's unreal. After MANY hours of research on the internet it seems that it is more common than we think. I wish you the best of luck!!! Not that you'll need luck - the law is on your side. :)

I had a FCNB account and paid the account in full in 2005 with a collection agency (Simm Associates). A few weeks ago I was served with a court summons from a law firm representing Midland Credit Management. They are trying to collect on a debt that was already paid to another collection agency - like you!! And like you I have the proof to show I paid the other collection agency. FCNB no longer exists - went bankrupt so you can't get any documentation from them. Send MCM a debt validation letter certified mail receipt requested and keep a copy. Google debt validaion letters for good examples. MCM needs to be able to prove you owe the debt and they won't be able to since you paid it off. Check out Bud Hibbs' website about MCM - you can email him for free assistance/advice. Get a free copy of your credit report - MCM put a negative report on mine and since it is false they are violating the FCRA - they will have to pay a fine to me - I think it's $1000.00. If your credit report is affected you should probably consult a consumer attorney - go to www.naca.net. I contacted an attorney from there today and it was great! I won't have to pay anything - the fine from MCM should cover all costs and get my credit report fixed. I also intend to file a complaint against the law firm representing MCM. This is crap - what MCM is doing is not legal and they (and the law firms that work with them) need to be stopped. They prey on consumers that are not educated about the law (most of us aren't) and bully them into paying. If they get 6 out of 10 consumers to pay on an average debt of $1000.00 they can afford to pay the fines for their illegal practices. You need to fight this - we have legal rights and can win!! When I was served with a court summons from a law firm representing MCM I thought this can't be happening - it's unreal. After MANY hours of research on the internet it seems that it is more common than we think. I wish you the best of luck!!! Not that you'll need luck - the law is on your side. :)