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    coldasice45's Avatar
    coldasice45 Posts: 1, Reputation: 1
    New Member
     
    #1

    Dec 18, 2007, 12:53 AM
    Bad Credit on My Report From MIDLAND FUNDING Credit Issued in 1999?
    The only thing I can think off I did not pay off was a credit card I had applied for in the year 1999 when I was in college. It was a $500 limit card, being that it was a first credit card I did miss some payments & every time I did I would get hit with a $30 late payment + $30 over limit fee plus finance charges making it almost an additional $100/month, I finally gave up & never paid. Recently this year I have been bombarded with phone calls from debtors so bad I usually just ignore the calls that are from 800 numbers or out of state. Also while reviewing my credit report recently I seen that I have a public record regarding a default judgment for $12xx. What the heck is going on, 8 years later they file a case, which I have no idea about until I see my credit score drop a huge amount of points. Reading a little about this midland company on here I see they use these tactics hoping on people not appearing. I am located in the state of New York, Is there anything I can do to clear this off my credit report, appeal at the courts? Please help.
    simoneaugie's Avatar
    simoneaugie Posts: 2,490, Reputation: 438
    Ultra Member
     
    #2

    Dec 18, 2007, 03:37 AM
    If your last payment was more than 7 years ago, they can't do anything. If there has been any activity on the account (initiated by you) since 2000, you're probably safer if you respond. Don't trust me though. You need more feedback.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #3

    Dec 18, 2007, 07:10 AM
    Quote Originally Posted by coldasice45
    Is there anything I can do to clear this off my credit report, appeal at the courts?
    Hello cold:

    The judgment will stay on your credit report for 10 years. The courts won't help. You had your chance there and you didn't go.

    Nope, there ain't nothing you can do. I'll assume they haven't YET seized your bank accounts and garnished your wages. If they had, I'm sure you would have said so. You DO know that that's their next step...

    If it were me, I'd negotiate a settlement with them.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
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    #4

    Dec 18, 2007, 07:18 AM
    It is not when they reported it, but when did they file the judgement, the date of judgement. If they went to court and got one prior to the SOL running out, it may be valid.

    Now if they did not notify you properly according to the laws of the state where you were living when you had the card, you can contact the court and challenge the judgement,

    If they filed the judgement after the SOL and counted on you not appearing, then you can challenge it on those grounds.

    BUT>>>> if they have a judgement from the court, they can garnish your wages in certain states, attach your bank account and so on.

    You need to find out what happened and when by checking the court records.

    Also to be honest you owed the money, just not contacting them is never a answer. So trying to work out a deal would be the right thing to do.

    Now also even if it is a old debt, it does not mean they can't try and collect, but after the SOL date they may not sue you in court but may try to collect for as long as you live.

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