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MidlandMgmnt debt collectors for Aspire visa credit card debt , taking me to court? |
I had aspire visa from feb 2001-sept 2001. I stopped using the card, at the time I was unemployed and the insurance company I signed up for with the credit card (you know when you have to initial the little box) well they made payments, but never paid off the balance which at the time was $900, they paid maybe $200. Well now 8 years later and Midland Debt collectors is taking me to court for over $1400. I don't owe that amount. Any assistances would be welcomed. I contacted the debt collectors to offer $400 to settle and they said they would get back to me but that was a week ago. I think their waiting to go to court. Over $700 of that balance is Late fees, overlimit fees and finance charges. HELP please. Yes, their suing me, I recieved a notice to go to court tommorrow, Tuesday 2/19 in Freehold. Their Paralegals not lawyers. Have they served you a summons for a court date? Are you sure they are really taking you to court?? Collection agencies often use bogus legal threats to scare you.....If they allege that an attorney is involved....ask for his/her license # in the state bar association....If they refuse to provide this info...they're bluffing.... They are just a debt collector. They make a lot of threats but, they are after much bigger fish. Send them a letter stating you want verification of the debt, with last payment made, and dates. When the creditor has written it as a "charge off", and it has been more than 4 years, it has to be removed from credit, unless it can be verified by them. If you have already called them once, call them back. They are lucky they have a collection that is willing to pay the initial amount owed. Do not pay the late fees that were accumulated from lated fees. They will work with you. Good Luck! Slimick gave a good answer. This debt is likely past the statue of limitations, which begins from the last activity on the account such as a payment or charge. You can check the link below for the statue of limitations in your state. are you sure that your got summoned to court? this group is notorious for making threats and violating the FDCPA. I am betting this is past the your states SOL. see link below and find your state. Credit card accounts are open ended account, last payment you used Sept 2001 is when your SOL started, with 5 years being the average that is up in Sept 2006. If that is the case you have passed the sol and actually got a court summons, show up to court and argue that this debt is passed the SOL and the case will be dismissed. Depending on what state you are in they probably could not collect anything due to the statues. Now that you have made an offer to pay, the clock has just started over. Here in California it is 4 years. A collection company cannot collect after the statute. You will have to go another route. Get all the information their physical address, the account numbers for them and for the orginal creditor, and the amount and send them a certified letter labled "legal demand". Demand that they to show proof of the validity of this account. Request that they send you proof that you owe the debt. You need to get a copy of the contract. Tell them that you were mistaken and thought that you owed this money , but that you checked your records and cannot find any record of actually owing the money. Also give them a "cease and desist order" to stop calling you and give them all your numbers that they call on. Nothihng more. State that they are only to correspond by mail. If they do not have you mailing address, do not give them your actual addres where they can have you served at. Give them one that you can get mail, but make sure that no one signs anything for you. What ever you do, do not offer to pay them, this only hurts your credit score because a paid collection brought current is worse thatn and old coolection. If this does not stop them and they actually file somethning, email me. There is one more thing you can do if you have to go to court. You will win, but it is very lengthy. You should watch the movie Hi, |
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