Midland Credit Management, Sent debt to attorney and they sent me a letter. Is this a scare tactic?
I got a letter from attorney morgan & Pottinger that states.
“A civil lawsuit has been filed against you in the above styled action. Settlement options may be available to satisfy the debt.” I have not received a summons from my county yet and it the letter is dated on the 21st. They have also put in the letter 151.00 court costs added to my balance, does this seem legit? I have not received a DV from anyone and this debt is from 2005 but the statue here in TN is 6 years. So, What should be my next step? DV?
When a debt collector first contacts you, you have rights under a federal law called the Fair Debt Collection Practices Act. Your first step should always be to request validation of the debt. Even if the debt is valid, request validation anyway.
Send them a letter via Certified Mail + Return Receipt (do not use regular mail) stating:
Per the Fair Debt Collection Practices Act, I am requesting written validation of this alleged debt, including a copy of the original signed application with my signature. A typed account statement showing an account balance and account number is not validation. I am requesting a copy of the original signed application with my signature. I cannot respond to your claim until this document has been submitted as validation.
Receipt of this letter is being officially time stamped and failure to provide actual validation within the 30 day time frame as allowed per the Fair Debt Collection Practices Act will be documented.
——————————
This is a real law firm….but this does not mean that they will follow through with legal action…you will know for sure if they will if you are served a summons by a sheriff or process server.
**Debt collection attorneys are notoriously sleazy and dirty….be careful….If you settle, get all terms in writing BEFORE you pay them….Don’t make any move until they validate the debt…this will give you 30 or more days to plan. If this becomes a real legal threat…hire an attorney if you can afford one. Here is a complete guide that I made for being sued for credit card debt:
http://answers.yahoo.com/question/index;_ylt=Apkz7.kPw8VJ4eUtGxmdXKXty6IX;_ylv=3?qid=20091018153317AAmmDxa&show=7#profile-info-7rN34nhTaa