Credit agencies help?

Question

i am in so much trouble, just lost my job and have a collection agency after me for two credit cards. i got in a divorce im 2003, could not pay these accounts. A company named midland group has both of my accounts now. they told me that i have to pay now, i told them i am getting 3k in taxes. They told me it is ok, well i lost my job and they called i told them that they said thought. They told me that they are going to take it to the courts to get a order on my tax refund, plus my texas state tax refund. i pleaded with them i need it, i need to use it for rent ect, they then told me to pay 1500 when it comes, then they are going to enforce the balance of 15k and give me a year. I am so scared i need my tax money, i gets direct deposited this friday, Texas state tax next week.

Answer 1

sky cole should be giving you advise on the Carrier employment section. Although a great answer for that but it has nothing to do with you question. As the Big red sgt described that this company are sharks and what they did violated the FDCPA. What they just did was tring to scare the crap out of you to pay them 1500, this is illegal. This debt is past the SOL in Texas meaning they cannot win a court order. If you would of paid them that 1500 you would of restarted the SOL, so a good thing you posted an answer on her. I have enclosed a letter to send them, send it certified and you will not hear from them again. I would also file a complaint to the Texas attorney generals office on there bad behavior. link below too.

(Your name)

(Your address



Collection company name

Company address



(Date)



Re: Acct# 00000000



To whom it may concern:





This letter is being sent to you in response to a notice sent to me on March 8th, 2050. Please be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.



This is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION made pursuant to the above Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.



Please provide me with the following:



1. What the money you say I owe is for

2. Explain and show me how you calculated what you say I owe

3. Provide me with copies of any papers that show I agreed to pay what you say I owe

4. Provide a verification or copy of any judgment if applicable

5. Identify the original creditor

6. Prove the Statute of Limitations has not expired on this account

7. Show me that you are licensed to collect in my state

8. Provide me with your license numbers and Registered Agent



At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major credit Bureaus (Equifax, Experion or TransUnion) this action might constitute fraud under both federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent, I will not hesitate in bringing legal action against you for the following:



1. Violation of the Fair Credit Reporting Act-reporting inaccurate information

2. Violation of the Fair Debt Collection Practices Act-continuing collection activity on a debt which has not been validated



Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes listing of any information to credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.



REQUEST FOR CEASE AND DESIST OF CONTACT BY YOUR OFFICE: I would also like to request, in writing, no further contact, either in writing or telephone be made by your office to my home or to my place of employment, unless it is to provide validation or release of liability of the debt. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with third parties, it will be considered harassment and I will have no choice but to file suit.



It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose.



Thank you,



Signature

Printed name

Answer 2

hope this helps -- Clark Howard famous consumer advisor. I took an exerpt from two different shows.



Jan 22, 2004 -- What to do when contacted by collectors



Secondly, if a collector contacts you, do not give him or her access to your checking account. You pay the bills you owe on your terms. If a collector is harassing you with phone calls, you have the right to tell that collector not to contact you ever again. What usually happens is you’ll get a letter from a collection agency telling you what you owe within five days of the first telephone contact. The collection letter should have a reference number or account number on it and the amount of money you owe. Once you receive this letter, you should send the company the “drop dead letter.” Clark has a copy of this letter on his Web site here. Once you’ve sent the letter, the agency can never contact you again. It doesn’t mean you don’t owe the debt; it just means that the agency cannot harass you. At that point, the only thing that can happen is an attorney can sue you.One exemption you need to know about is if the person calling you is from a bank. Under a special exemption from Congress, bank employees can do anything they want to you, aside from terrorizing or physically harming you. But almost always it will be a professional collector calling. And these people will lie through their teeth and tell you anything they want.......If a collector sends you a letter, saying you owe money and you don’t, make sure you send them a return letter explaining that you don’t owe that money. Under law, if you fail to answer this letter within 30 days, you owe that money. If you fail to respond, you are seen as guilty until proven innocent. So, send a certified letter saying it’s not your debt. And, make it clear that if there is any negative reference of this debt on your credit report, you will sue that company under the Fair Credit Reporting Act. Collectors also go after people who have filed for bankruptcy, trying to get them to sign a reaffirmation act. This underhanded document means you will still pay the debt even though your credit and your good name have been ruined. You have no obligation to pay that debt, so don’t.



Jul 12, 2006 -- Collectors scaring people into bankruptcy



But according to the FDCPA, collectors must follow these rules: 1) A collector cannot call you after you’ve told them not to do so. 2) A collector cannot call you at work. 3) A collector cannot tell other people about your debt. 4) A collector cannot threaten you (with court, jail or other). And lastly, please don’t ever give a collector your bank account information or give them post-dated checks. You want a written agreement about how the debt will be paid before you pay a cent.

Answer 3

Sgt Big Red is right, these debts are likely past the SoL.



If you lived in Texas when these accounts became delinquent, the SoL is 4 years from the date of any activity such as a payment or charge.



You need to send this collection agency a certified return receipt letter demanding that they validate the debt. Make them prove you have a legal obligation to pay these debt by providing all of the documentation INCLUDING proof that this is not past the statue of limitations. If they cannot meet the requirements needed to satisfy the validation request, they cannot continue collection and that includes filing a lawsuit.



This is a serious matter. You need to read the Fair Credit Report Act as well as the Fair Debt Collection Practice Act. Like my friend Studly says, you are about to go to war and you need to arm yourself with knowledge.



Check out these links below and feel free to contact me if you need any help. I am not a "professional" but I have a pretty good understanding of the law and I can give you or help you find many answers, definetly no charge. Also note I am not affiliated with the sites below.



Fair Credit Reporting Act

http://creditinfocenter.com/legal/FCRA.shtml



Fair Debt Collection Practice Act

http://www.creditinfocenter.com/legal/FDCPA.shtml



Debt Validation

http://www.creditinfocenter.com/rebuild/debt_validation.shtml



Sgt. Big Red already posted a link for the statue of limitations.

Answer 4

First of all, take a deep breath and relax.



If these accounts were delinquent back in 2003, then I doubt they can do much about it. It would all depend on your States Statue of Limitations which you can look up at this link:

http://www.fair-debt-collection.com/SOL-by-State.html



If the debt is past the statute's limitations, then all they can do is send you nasty notices, they cannot sue you or garnish your tax refund.

If this is the company hounding you

Midland Credit Management, Inc.

aka/Midland Funding then they are known junk debt collection agencies, the type that prey on people and use illegal scare tactics. If this is the company, then check out this report regarding them.



http://www.budhibbs.com/debtcollectorpages/midland_credit_management.htm



Feel free to e-mail if you have any further questions.

Answer 5

I agree with SGT Big Red, Bryan, Crazyjes and TLC, all have given you great advice.



One thing I like to add is that you do NOT communicate with the collection agency over the phone starting immediately. Do it in writing, certified check return receipt and keep copies in a folder, so you have backup in case you need it. Don't plead with the collection agencies especially since it looks like the SOL has expired. If you do, they may extend the date. Read all the links and information given to you here and follow their instructions.



Collection agencies are in for the huge profits no matter what and to take advantage of consumers who do not know their rights or the statute of limitations in reference to collections. I know. ..I was one of them and thanks to this experienced credit community here at Yahoo Answers, I have learned a great deal and fought back! The collection agencies are well aware of the statute of limitations. They are just hoping you don't know about it, so fight back.



Good luck to you and I hope you find a job soon.

Answer 6

they can't get a court order that fast and out it on your refunds besides that have to give you 30 days from the time they contact you by letter or phone they try to scare or strong hold people they need to start arresting them for causing trouble on good people and last time i check the do not have debtor prisons

Answer 7

My advice to you is get two jobs and pay off those bills.. . bottom line. There are a lot of jobs available. You may not like doing them. . ie; fast food, waiter, . . . but, they will pay and get you debt free. You must sacrifice to make it happen. I do wish you luck in your hard times. You are not alone.