Legal Question in Credit and Debt Law in Pennsylvania
I had a fingerhut credit card that I stopped making payments on 2 years ago because I lost my job, etc. Today I get a call from Midland Credit. They say they bought the debt from Fingerhut. The bill is $525.00. Midland says they will set up a payment plan for me of $25.00, but they want my checking account or debit card information over the phone so they can auto -deduct my $25.00 payments every month. Is this company legitimate, and is it unwise to give them this information? I'm from PA.
2 Answers from Attorneys
Midland is a large debt collection company. Get their offer in writing along with the payment terms. The other option would be to offer @ 50% in one payment to clear the account.
See my answer to a related question:
NO! Don't do a payment plan! Midland is legitimate - they are a junk debt buyer.
Attorney Artim and I have slightly different perspectives on this - he is a litigator and focuses on litigation. My experience is not to litigate these things but to try to resolve in a non-litigation context. Which approach you take depends on your circumstances, your income, your assets, your other debts. Neither Attorney Artim or I or any other attorney knows about this without speaking to you so its not possible to recommend one approach or the other.
.Assuming that the Fingerhhut debt is indeed your debt and was truly purchased by Midland, I could resolve it for you for approximately 40% to 45% of the balance on the debt if you are able to come up with a lump sum payment of that amount and want to get this resolved..
If you don't have the funds or if warranted by other circumstances, I would take more of the approach outlined by Attorney Artim. I agree that you should not give them your bank information. Pay the money to yourself and wait and see. If Midland sues, then contact Attorney Artim and prepare a defense. If Midland does not sue in another 2 years (they only have a 4 year period which begins to run from the time of your last payment to Fingerhut), then you are free and clear. The debt might be reported on your credit for awhile longer, but chances are Midland might simply delete this account and not try to collect. That has happened to several of my clients.
However, I totally agree with Attorney Artim that you should never enter into a settlement agreement or payment arrangement without first getting a written letter outlining the essential terms. Once you have that, I would recommend that any payments be made via money order or certified check. Payments should be sent to Midland at their physical address (not mailing PO Box) via UPS/FedEx or certified mail, return receipt requested. You should always make a copy of each money order or payment you send. This all takes work but if you do it correctly, you will protect yourself in case the debt ever resurfaces as often happens.
If you are interested in resolving the debt in a non-litigation context for a reasonable fee, please email me at [email protected].
If the balance is $525 - I can get them to settle for 40% to 45% as I indicated if you have the funds.
Related Questions & Answers
-
Made a offer to a debt collector is this an agreement Asked 3/08/13, 10:41 am in United States Pennsylvania Credit, Debt and Collections Law