Legal Question in Credit and Debt Law in Massachusetts
So I had a 1000 credit card with BofA 10 years ago, which I defaulted when I was laid off. Apparently they sold the debt to Midlund Funding, whom I never received anything from for several years. Then I got a letter from Howard Lee Schiff on behalf of Midland threatening court. So I worked a deal, and have lived up to it. I recently got a promotion and was almost turned down because a credit check said midland funding had a public record I was completely unaware of. The total also didn't take into fact the payments Ive made to HLS. On top of that while Im paying HLS 100 a month for the Midland account. How can Midlund report a public record I was unaware of and the liability amount as far as my work is concerned hasn't gone down in a year of paying HLS. It is the same account and one is reporting me while Im paying someone else. Its really been a huge hassle with work. Neither will give me much of anything in writing. Should I keep paying HLS? and will this come off my report once its paid(or no because Im now paying a different person)? How can one company say they represent Midland and work out a deal while Midland is adding public records to my credit. Not to mention the balance is now in a third parties hands and is double what it was. Any feedback would be truly appreciated
2 Answers from Attorneys
There is not enough facts to answer your question. First, obtain copies of your credit report from all 3 credit bureaus. Generally, any negative reporting will stay on your credit report for 7 years + 6 months from the date of the original default. Beware of any re-aging by debt buyers (Midland Funding). Feel free to contact me.
"How can Midlund report a public record I was unaware of" You got Schiff's letter. You knew of the debt. There's no obligation to tell you about a report to a credit bureau.
"Public record" is a phrase I've seen related to law suits. You wrote that Schiff threatened suit. It may well have followed through but you got confused with all the paperwork. Or I may be mistaken. Best to call Schiff to see if a suit was ever filed.
"and the liability amount as far as my work is concerned hasn't gone down in a year of paying HLS." You can contest a credit reporting entry but it's tedious and you don't have damages, since there is an unpaid debt of some balance, whatever that balance is.
" is double what it was". Interest and attorney fees.
Contact Steven Striffler as he invited you, after you get your credit report and after called Schiff for copies of any filed law suit papers. Steve is a fine lawyer and closer to you than I am.
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