Citi Bank sold my account to Midland Credit LLC.( or the summons says " By Virtue of assignment of the account, and result of the assignment Plaintiff now holds all rights, title, and interest in and to the account" ) And now they filed a civil claims court and I am going to defend and show up in court
1.When City Bank Sells my account to a collection agency, doesnt this break the contract on citibanks end also?
2. When I show up in court... Can I ask to see Proof of contract then? Proof would only be considered to be true IF Midland Credit LLC provided a CERTIFIED copy of the Origional contract, with my signature, Specifically NAMING Midland Credit LLC as the person who is entitled to enforce a commercial Claim Against me.
Certification should have been done through the presence of a notary public, who's duly swears the copy made is in fact a copy of the origional Paper contract in question.
Failure to provide strict Certified proof of contract would constitute that Midland Credit LLC, is not entitled to enforce a claim against me.
3.
What else can anyone think of that I should bring up or mention / ask for that should help get the case ruled in my favor?
Thanks for the input
summons
Hi allen,
Welcome to this community :)
1.When City Bank Sells my account to a collection agency, doesnt this break the contract on citibanks end also?
Once the account is sold off, Citibank can no more claim any money against the account. They won't be able to add any fees or late charges onto the account. However, the item will be there on your credit report under them, only as closed.
2. When I show up in court... Can I ask to see Proof of contract then?
You can ask for that now. It is better to ask for the debt validation now itself. You can also get these details from the court. You will have to request the court clerk to provide you the paperwork on this account.
3.What else can anyone think of that I should bring up or mention / ask for that should help get the case ruled in my favor?
You need to provide more details on this account, so that the members can help you in that.
Thanks,
Aaron
Some other information that may be usefull or not.
So after the account is Sold to MCM, no intrest should be added onto it?
Here is a list letters I got from MCM and the money they say I owe.
9/13/2008 --$3,825.69 ---By MCM
1/18/2009--$4,000.93 ---By MCM
2/22/2009--$4,037.01 ---By MCM
8/30/2009--$3,136.17 -By who is taking me to court- Burton Neil & Associates, P.C.
I am really bad with keeping important papers it seems.. I have the origional Welcome letters from Citi Bank. I Opened the account back in 2004. and I do believe my first Missed/ defaulted payment was in 2005-2006 when i lost my job. If thats so, This debt is past the statute of limitations for PA. Since its 4 years.
I am tring to look on Credit Reports online for the last Missed payment date but all of my CITI card reports are gone from my Credit reports. Now there is only MCM listed in its place
My Credit report does not say CitiBank. Only Midland Credit Managment shows up now. and the following information is listed under it.
Original Creditor:
CITIBANK
Status:
NO STATUS.
Date Opened:
08/2008 ----------------But I Opened the Credit Card in 2004 ?? is that right then??
Date of Status:
10/2008
Reported Since:
10/2008
Last Reported Date:
N/A
Type:
NA
Terms:
1 Months
Monthly Payment:
N/A
Responsibility:
Individual
Credit Limit:
N/A
High Balance:
N/A
Recent Balance:
N/A
Recent Payment:
N/A
My Credit report from another site again has no CitiBank.. Only Midland Credit MGMT.
MIDLAND CREDIT MGMT
Account # XXXXXXXXXX
Account Type Unknown - Credit Extension, Review, Or Collection
Balance
Date Opened 8/1/2008
Account Status Closed
Payment Status: No status
Terms 1 Month
No payments for 24+ months
reply
Hi allen,
Can you tell if you are sure that the date opened is 2004 and not 2008? If so, then it must be a mistake. If you have proof that the card was opened in 2004, then you can send dispute letter to the credit bureaus, and attach copy of the date opened along with the letter. Send the letter through certified mail, requesting a return receipt.
So after the account is Sold to MCM, no interest should be added onto it?
Yes, after the account is sold off to the collection agency, the original creditor cannot added interests and other fees onto it.
As for the statute of limitations (SOL), you will have to sure on the last payment date. If the SOL has expired, then MCM won't be able to sue you. You must answer to the summons, and mention the fact that this debt has crossed the SOL. You should also consult a lawyer about this.
Thanks,
Aaron
Advice
1. Answer the summons ---- This is your most important step, most judgments are granted because debtors don't respond to complaints.
2. When a debt buyer purchases the account they purchase all rights to that account. So the contract they will have is from Citibank, and they will have one where Citibank sold it to Midland, assigning exact rights that Citibank had to Midland. Midland is able to add additional fees, but they are limited by the contract & state law. They are also able to add interest, under the same conditions. Your liability now lies with Midland.
3. One thing you have working for you is not keeping records. This will be very bad in court, because to a judge it'll seem a lot of your statements are unsupported. You can use pretrial discovery to obtain docs that Midland has, but once again not having your own records to compare hinders you case.
Ultimately my best advice is to contact Midland & their attorney and attempt to negotiate a claim. Even though there is no wage garnishment in PA, they can go after your bank accounts, home and other assets.
judgement
a judgement was placed on me i was summons to court how do i fight this
Judgement
Correction I never Received a (summons first court date )or anything there after .Now there is a judgement against me but I never recieved any court papers until after words from my bank .The first court date was in 2009 and judgement was in 2012 and Midland was able to levy my direct deposit from my employer is that legal in PA to levy wages that are placed in banks direct deposit or anything similar because they are a debtor
EnrIMuNeFH
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