Expert: Creditwrench - 5/7/2008

Question
Good Day,
I recently have been receiving collection notices from a legal firm representnig Midland Credit, stating I owed money to Midland. I have moved, and I received a forwarded letter in January 08. I both emailed and mailed (regular mail) inquiry asking what was the debt, that I had never done business with Midland. I received no answers to either inquiry. I did not send the letter via certified mail (now learning that I should have). I recently (April) was served summons for hearing for a judgement on May 28th. I called the firm to see what I could learn. At first, they could not even find my file in their computer. Then they could not tell me what the case was for. Finally a young woman got on the phone and told me they were acting as an agent for Midland Credit, who represented Providian (cc), from an account opened in 2001. I don't have any idea what the acount is, I was married at the time and there were several "unknowns" that I have had to deal with. I really would like to avoid court and asked her if they could offer a settlement, it was almost the full amount payable at once. I cannot do that!  After I again asked the young lady if there was information on this account I could request, she put me on hold for 18 minutes, then disconnected me. I have tried to call again and get put on "hold" forever. I have limited time during business hours and have to give up. I got a copy of my credit report (had to get it mailed to me, took some time) and it shows Providian, opened in 2001, they closed the delinquent account and sold it to Midland Credit in 11/2004.I had not checked my credit report since I bought a car several years ago (I know, I know) and there are serveral things on it I am going to have to address. Midland bought this debt for pennies on the dollar. Why would they not settle for what they paid for it, plus reasonable fees and interest? The fact is that the debt was created (not by me, but I was married to him) and something should be paid back, I have no problem with that, if I can do it over time and with reasonablness. But they will not even talk to me. The SOL in the state where the debt originated is 3 yesrs, but I moved to TN a couple of years ago and it is 6 here, so I guess that is why it has been opened back up. Any suggestions would be appreciated and thank you so much for your time.

Answer
You received a summons so you will have to respond to the summons. You should have also sent a validation demand to the attorney and you can still do that if it has been less than 30 days since the attorney  first contacted you. If it has been longer than that it becomes a bit pointless to send validation to the attorney even though you can still do that.

So you should prepare your response to the summons and get that filed before it is too late. Then I would recommend that you follow that up with demand for interrogatories, admissions and production of documents.