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Report: #190623

Complaint Review: Midland Credit Management - San Diego California

  • Submitted:
  • Updated:
  • Reported By: Brooklyn New York
  • Author Confirmed What's this?
  • Why?
  • Midland Credit Management 5775 Roscoe CT San Diego, California U.S.A.

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Well, you all heard the horror stories of Midland Credit. Now here is mine.

I filed bankruptcy in Fed 2004. Now my husband and I are looking for a new place. Most people tell us just wait 24 months after bankruptcy to do so. So we waited. Just to get denials left and right. Reason being is that I have a JUDGEMENT AFTER BANKRUPTCY.... Now how can this be? Well Midland filed a judgement against me on March 2004.

YUP! 1 month after I filed bankruptcy and its showing my credit report. Now... mind you, when I filed bankruptcy MIDLAND CREDIT MANAGMENT was the first creditor on my list. They were one of the main reasons for me filing.

So now I'm here trying to motion to vacate this judgement. With no help. Bankruptcy law states: THE DISCHARGE PROHIBITS ANY ATTEMPTS TO COLLECT FROM THE DEBTOR A DEBT THAT HAS BEEN DISCHARGED. FOR EXAMPLE A CREDITOR IS NOT PERMITTED TO CONTACT A DEBTOR BY MAIL, PHONE, OR OTHERWISE, TO FILE OR CONTINUE A LAWSUIT, TO ATTACH WAGES OT OTHER PROPERTY, OR TO TAKE ANY OTHER ACTION TO COLLECT A DISCHARGING DEBT FROM THE DEBTOR. A CREDITOR WHO VIOLATES THIS ORDER CAN BE REQUIRED TO PAY DAMAGES AND ATTORNEY'S FEES TO THE DEBTOR.

How do you like them apples.

Debbie
Brooklyn, New York
U.S.A.

This report was posted on Ripoff Report on 05/09/2006 07:18 AM and is a permanent record located here: https://www.ripoffreport.com/reports/midland-credit-management/san-diego-california-92123/midland-credit-management-ripoff-filing-judgement-after-bankruptcy-san-diego-california-190623. 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
0Author
3Consumer
0Employee/Owner

#3 Consumer Comment

Midland Lawyers are apparently stupid

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

POSTED: Tuesday, May 09, 2006

they don't seem to undertand the "Automatic Stay" which is ordered when the Bankruptcy is filed. They probably didn't bother to appear at the Hearing for the creditors either, likely, they just thought they would slip this one by.

Contact the Trustee, the court will take action. In addition pull all your credit reports. It sounds as if you have a nice little small claims suit.

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#2 Consumer Suggestion

GET IN TOUCH WITH THE BANKRUPTCY COURT TRUSTEE..

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

POSTED: Tuesday, May 09, 2006

Ignore the drone, who sounds as if he/she works for a junk debt buyer/collection agency and seems to think that Midline was screwed out of something that they had no loss on to begin with, as you never got cash, goods or services from them.

Contact the Trustee and explain the situation. Likely what will happen is tht Midland will get a reminder that this was discharged in bankruptcy. Midland will likely then either claim that it is a "new" debt (which they then have to prove and show that you were given a chance to dispute/affirm, which they can't)or will claim that they were unaware this was discharged. It might also be worth your while to retain an attorney to make sure that Midland "corrects" their "mistake" and compensates you for the damage done to your credit. Also contact the court in which the judgement was obtained showing that this was discharged in Federal Bankruptcy Court and the judgement will likely be vacated.

Good luck.

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#1 Consumer Comment

Can you blame them?

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

POSTED: Tuesday, May 09, 2006

This is the reason why it's harder to file. No one wants to discharge debt. The truth is that you ran up a debt and the company will not recieve their money. I can't get ticked at them for trying to collect on you, nor can I think they are at fault because you are having difficulty getting a new place to live. You are reaping what you sew. Get used to this, you will be in many more situations like this. This is not a rip off. Though you certainly ripped off your creditors.

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