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Midland Credit Management / Total scam

1 United States Review updated:

Midland Credit sent me a notice that I owed over $1, 600 for a bill from Citi Bank. I contacted Citi and they said I owed nothing and to ignore them, now I've received a notice from Alliance One on behalf of Midland & Citi Bank. I contacted them but didn't give them any information. They said it was from a debit from 1984 and they had my social security number. I wouldn't give it to them, so he told me it. My ex-husband & I had claimed bankruptsy due to an auto accident and it was finalized in 1985. I told them not to contact me anymore as I didn't owe this, but they said I had to prove it, I had to send it a copy of by bankrupsty discharge notice. Do I really have to do this? This is way of the statue of limitations in my state of Washington.

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Comments

  • Ch
      18th of Jun, 2010
    0 Votes

    Tommy,

    First of all, DO NOT MAKE ANY PAYMENT TO THEM as this will generally reset the statute of limitations in most jurisdictions. Secondly, this debt should have been discharged in your bankruptcy if you had competent counsel, so you probably do not owe the debt. Third, obtain a copy of your credit report to see if they are reporting this debt as being current, if so, you almost certainly have cause to sue them for a violation of the federal Fair Credit Reporting Act ("FCRA"). Fourth, they are the ones that have to provide proof of the debt to you, you do not have to prove it is not yours (remember the logical problem of proving the non-existence of something, you really cant do it). Ask them to notify you in writing of what they intend to do...if they say they are going to sue you in court to recover, this would be a violation of the Fair Debt Collection Practices Act ("FDCPA") as they are forbidden from threatening to take action that they know they cannot undertake, i.e., suing you on what is clearly a time-barred debt as well as suing you on a debt that was most likely discharged in bankruptcy (check your BK petition to verify that this Citibank account was listed as a debtor, however, even if it was not listed, it is clearly time barred/beyond the statute of limitations.

    Lastly, or perhaps first of all, you should contact a local attorney that is a member of the National Association of Consumer Advocates ("NACA"), you can find an attorney on their website at www.naca.net. Good Luck and don't let these bums push you around. I could say a lot more but I have to get back to work...

    AL, Chicago Attorney

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