Comments for Debt Elimination and Credit Restoration http://nextlevelunlimited.net/blog Debt Free in 90 days Thu, 11 Mar 2010 23:45:43 -0500 http://wordpress.org/?v=2.8.3 hourly 1 Comment on Midland Credit Management (MCM) aka/Midland Funding collection debt desperation by Dalton from Missouri http://nextlevelunlimited.net/blog/midland-credit-management-mcm-akamidland-funding-collection-debt-desperation/#comment-12188 Dalton from Missouri Thu, 11 Mar 2010 23:45:43 +0000 http://nextlevelunlimited.net/blog/?p=49#comment-12188 I was caught by suprise by a lawsuit from Midland Funding. I received a summons last week for a court hearing next week! The account they are suing me for: Purchased from Citibank, The last payment -- in July of 2005, it's just 4 months until the SOL is expired. Due to the lack of time, I'm not going to be able to do much. Are there any defenses I can raise to attempt to get this dismissed? Can I ask for written verification when I show up for my court date? Also their supporting document attached the court petition looks like it was typed up in Microsoft Word just showing my name and the amount I'm supposed to owe (very shady). I was caught by suprise by a lawsuit from Midland Funding. I received a summons last week for a court hearing next week!

The account they are suing me for:

Purchased from Citibank, The last payment — in July of 2005, it’s just 4 months until the SOL is expired.

Due to the lack of time, I’m not going to be able to do much. Are there any defenses I can raise to attempt to get this dismissed? Can I ask for written verification when I show up for my court date?

Also their supporting document attached the court petition looks like it was typed up in Microsoft Word just showing my name and the amount I’m supposed to owe (very shady).

]]> Comment on Midland Credit Management (MCM) aka/Midland Funding collection debt desperation by Char http://nextlevelunlimited.net/blog/midland-credit-management-mcm-akamidland-funding-collection-debt-desperation/#comment-12146 Char Wed, 10 Mar 2010 20:38:08 +0000 http://nextlevelunlimited.net/blog/?p=49#comment-12146 This has all been very helpful. My husband recently received a court summons from Midland. We went to the court and filled out the paperwork in response. We have no idea what the debt is they are talking about. We now have a pre-trial date set for April. They sent a request to appear telephonically which we again went back to court to fill out to paperwork for that request to be denied since we will be appearing in person and ourselves live out of the area. Any other suggestions moving forward? Thank you. This has all been very helpful. My husband recently received a court summons from Midland. We went to the court and filled out the paperwork in response. We have no idea what the debt is they are talking about. We now have a pre-trial date set for April. They sent a request to appear telephonically which we again went back to court to fill out to paperwork for that request to be denied since we will be appearing in person and ourselves live out of the area.

Any other suggestions moving forward?

Thank you.

]]> Comment on Collect America CACV CACH Franchisees and Collection Debt by Next Level Credit http://nextlevelunlimited.net/blog/collect-america-cacv-cach-franchisees-and-collection-debt/#comment-12109 Next Level Credit Tue, 09 Mar 2010 16:05:03 +0000 http://nextlevelunlimited.net/blog/?p=53#comment-12109 Gary, Thanks for your comment. Often this happens. The consumer will make payments in order to avoid a judgment and then the CA will serve a summons. Or the summons is served and the CA wants the consumer to sign a stipulated agreement/judgment. DO NOT SIGN. We would advise legal counsel in your state. Breach of contract from Dan Gordon? ~Next Level Credit~ Gary,
Thanks for your comment. Often this happens. The consumer will make payments in order to avoid a judgment and then the CA will serve a summons. Or the summons is served and the CA wants the consumer to sign a stipulated agreement/judgment. DO NOT SIGN. We would advise legal counsel in your state. Breach of contract from Dan Gordon?

~Next Level Credit~

]]> Comment on Midland Credit Management (MCM) aka/Midland Funding collection debt desperation by Next Level Credit http://nextlevelunlimited.net/blog/midland-credit-management-mcm-akamidland-funding-collection-debt-desperation/#comment-12108 Next Level Credit Tue, 09 Mar 2010 16:00:30 +0000 http://nextlevelunlimited.net/blog/?p=49#comment-12108 Steven, Thanks for your comment. In answer to your questions, you need to understand MCM and who they are and what they are doing. Why would you believe that they say over the phone and give them banking info. NEVER NEVER NEVER. They will take your money out of your account without your authorization. The little payment of $25 acknowledges that you owe them. However, there may be recourse for you. No you should not pay what they offered. Close your account and open another one. They are not supposed to take the money out without your knowledge but it will be hard for your bank to recover it if that happens. Contact us ASAP to deal with MCM. There may be a way to fight this even though you paid them $25. ~Next Level Credit~ Steven,
Thanks for your comment. In answer to your questions, you need to understand MCM and who they are and what they are doing. Why would you believe that they say over the phone and give them banking info. NEVER NEVER NEVER. They will take your money out of your account without your authorization. The little payment of $25 acknowledges that you owe them. However, there may be recourse for you. No you should not pay what they offered. Close your account and open another one. They are not supposed to take the money out without your knowledge but it will be hard for your bank to recover it if that happens.

Contact us ASAP to deal with MCM. There may be a way to fight this even though you paid them $25.

~Next Level Credit~

]]> Comment on Collection Debt Dispute Letter by Next Level Credit http://nextlevelunlimited.net/blog/sample-collection-debt-dispute-letter/#comment-12107 Next Level Credit Tue, 09 Mar 2010 15:52:55 +0000 http://nextlevelunlimited.net/blog/?p=13#comment-12107 John, Thanks for your comment. We are glad this information is helful to you. An Answer & Affirmative Defenses needs to be filed to the court. The SOL can be one of your affirmative defenses and in the answer. SOL is hard to prove in the court. The VOD letter will not be sufficient at this time because now this is a court case. However, this can be used in your answer. Did you receive any correspondence from PRA prior to the summons? You can answer the complaint Pro Se or with an attorney. Contact us for more resources. ~Next Level Credit~ John,
Thanks for your comment. We are glad this information is helful to you. An Answer & Affirmative Defenses needs to be filed to the court. The SOL can be one of your affirmative defenses and in the answer. SOL is hard to prove in the court. The VOD letter will not be sufficient at this time because now this is a court case. However, this can be used in your answer. Did you receive any correspondence from PRA prior to the summons?

You can answer the complaint Pro Se or with an attorney. Contact us for more resources.

~Next Level Credit~

]]> Comment on Mann Bracken debt collection office closed by Next Level Credit http://nextlevelunlimited.net/blog/mann-bracken-debt-collection-office-closed/#comment-12082 Next Level Credit Mon, 08 Mar 2010 22:30:24 +0000 http://nextlevelunlimited.net/blog/?p=176#comment-12082 EJ, Thanks for your comment. Please note that we have emailed you to resolve this since your comment here. No payments to be made to anyone since Mann Bracken is closed. Contact us asap if you are contacted by another new collector. This is possible. ~Next Level Credit~ EJ,
Thanks for your comment. Please note that we have emailed you to resolve this since your comment here. No payments to be made to anyone since Mann Bracken is closed.

Contact us asap if you are contacted by another new collector. This is possible.

~Next Level Credit~

]]> Comment on Collect America CACV CACH Franchisees and Collection Debt by Gary West http://nextlevelunlimited.net/blog/collect-america-cacv-cach-franchisees-and-collection-debt/#comment-12055 Gary West Mon, 08 Mar 2010 00:23:22 +0000 http://nextlevelunlimited.net/blog/?p=53#comment-12055 I don't know what to do. I set up a payment plan through a credit service to pay my AmerX card to Dan N. Gordon's office. A Scott Reed from his office claimed he had a default judgment on me for an American Express bill of 4,000. And if I didn't sign a stipulated Judgment, he would use the default judgment, and he didn't have one at the time. Since, Gordon's office got a default judgment without giving me a notice of appearance, and after taking payment from a credit services I set up to pay off the bill. I don’t know what to do. I set up a payment plan through a credit service to pay my AmerX card to Dan N. Gordon’s office. A Scott Reed from his office claimed he had a default judgment on me for an American Express bill of 4,000. And if I didn’t sign a stipulated Judgment, he would use the default judgment, and he didn’t have one at the time. Since, Gordon’s office got a default judgment without giving me a notice of appearance, and after taking payment from a credit services I set up to pay off the bill.

]]> Comment on Midland Credit Management (MCM) aka/Midland Funding collection debt desperation by Steven http://nextlevelunlimited.net/blog/midland-credit-management-mcm-akamidland-funding-collection-debt-desperation/#comment-11992 Steven Sun, 07 Mar 2010 06:27:59 +0000 http://nextlevelunlimited.net/blog/?p=49#comment-11992 Hello, I been reading and learning alot here, thanks. Ok, so a few years alot I had a Verizon Wireless phone and let my sister take over while I went to the army and over seas. Not that I'm blaming my sister but, she let the bill go for 2 months and added up to about $1200. Long story short, I been recieving mail from MCM stating that I own $1700 and I have a few options, 40% off for a one time payment, 35% off for 3 payments etc.. for the past 2 years. So I was think I might go ahead and pay it off because that's the only thing been holding me back from getting loans. So I call and ask if the total amount was the same as last year. It was the same, saying they will not go down on the total. So in January I recieve a call from them (blocked number) saying if I would like to talk about my options for the outstanding account, I said I know I owe $1200 but not no $1700 anyhow, I hang up. few weeks later another call... " this is (so so) and I would like to talk to you about your open account" she told me the same options and then "wait a second" she clicks over... so I hang up. March 1st, another call, same lady I think, tell me that I was approved for a 50% settelment, I told her that I do not have that kinda of money right now and she says "well we need a $25 deposit to keep this 50% off open to you, so I thought about and told her " ok, I can do the $25" so I give her my info and it goes through the next day. I'm sure I will be getting a call back from them soon and now I'm not sure of what to do now. Should I pay what they offered or should I take other actions, I have not done that VOD but I do have the mail they been sending me. What should I do about them having a way to really bill and and take the money from my bank account? Can they really even without consent from me? I mean they have my debit card info? Another thing, how would they get my address, I been here One and a Half years. Thank you. Steven Hello, I been reading and learning alot here, thanks. Ok, so a few years alot I had a Verizon Wireless phone and let my sister take over while I went to the army and over seas. Not that I’m blaming my sister but, she let the bill go for 2 months and added up to about $1200. Long story short, I been recieving mail from MCM stating that I own $1700 and I have a few options, 40% off for a one time payment, 35% off for 3 payments etc.. for the past 2 years. So I was think I might go ahead and pay it off because that’s the only thing been holding me back from getting loans. So I call and ask if the total amount was the same as last year. It was the same, saying they will not go down on the total. So in January I recieve a call from them (blocked number) saying if I would like to talk about my options for the outstanding account, I said I know I owe $1200 but not no $1700 anyhow, I hang up. few weeks later another call… ” this is (so so) and I would like to talk to you about your open account” she told me the same options and then “wait a second” she clicks over… so I hang up. March 1st, another call, same lady I think, tell me that I was approved for a 50% settelment, I told her that I do not have that kinda of money right now and she says “well we need a $25 deposit to keep this 50% off open to you, so I thought about and told her ” ok, I can do the $25″ so I give her my info and it goes through the next day. I’m sure I will be getting a call back from them soon and now I’m not sure of what to do now. Should I pay what they offered or should I take other actions, I have not done that VOD but I do have the mail they been sending me. What should I do about them having a way to really bill and and take the money from my bank account? Can they really even without consent from me? I mean they have my debit card info?
Another thing, how would they get my address, I been here One and a Half years.
Thank you. Steven

]]> Comment on Collection Debt Dispute Letter by john Panna http://nextlevelunlimited.net/blog/sample-collection-debt-dispute-letter/#comment-11982 john Panna Sun, 07 Mar 2010 00:01:15 +0000 http://nextlevelunlimited.net/blog/?p=13#comment-11982 Dear Next Level Credit- What a great Site! My wife is currently being summoned by portfolio recovery sesrvices for an alleged credit balance of $3700 the summoms requires response within 20 days of feb 24 2010 notice. Note creditor is listed as CACH LLC. We've dealt with CACH whom in 2008 used the judgement by default against her. Even attending numerous court dates, we missed a critical summons. According to cort clerk here in Mass summons need not be physically handed to defendant or family member. Luckily we did get the summons in time to respond. We think this could possibly be and old $2k(SOL) Providian account my wife had major trouble with. What we need is to send Validation Of Debt letter request to CACH LLC. What should this type of letter include as her response? What do you think? thanks john Panna Dear Next Level Credit-
What a great Site! My wife is currently being summoned by portfolio recovery sesrvices for an alleged credit balance of $3700 the summoms requires response within 20 days of feb 24 2010 notice.
Note creditor is listed as CACH LLC. We’ve dealt with CACH whom in 2008 used the judgement by default against her. Even attending numerous court dates, we missed a critical summons. According to cort clerk here in Mass summons need not be physically handed to defendant or family member. Luckily we did get the summons in time to respond. We think this could possibly be and old $2k(SOL) Providian account my wife had major trouble with. What we need is to send Validation Of Debt letter request to CACH LLC. What should this type of letter include as her response?
What do you think? thanks john Panna

]]> Comment on The deceased and collection debt: Weltman, Weinberg & Reis, DCM Services, Phillips & Cohen by Next Level Credit http://nextlevelunlimited.net/blog/the-deceased-and-collection-debt-weltman-weinberg-reis-dcm-services-phillips-cohen/#comment-11941 Next Level Credit Fri, 05 Mar 2010 16:38:15 +0000 http://nextlevelunlimited.net/blog/?p=95#comment-11941 SG, Thanks for your comment. We are sorry about your loss. We assume the credit cards are in the collection stage. No do not bargain. Do not pay. The credit (score) issue is gone since this person is deceased. "The people on the other end of the line often have no legal obligation to assume the debt of a spouse, sibling or parent." However, action needs to be taken with correspondence or this could possibly escalate and turn into a lawsuit. Contact our office for your next steps. ~Next Level Credit~ SG,
Thanks for your comment. We are sorry about your loss.

We assume the credit cards are in the collection stage. No do not bargain. Do not pay. The credit (score) issue is gone since this person is deceased.

“The people on the other end of the line often have no legal obligation to assume the debt of a spouse, sibling or parent.”

However, action needs to be taken with correspondence or this could possibly escalate and turn into a lawsuit.

Contact our office for your next steps.

~Next Level Credit~

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