Midland Funding Sued

[NeverQuietHere]

Midland Funding sued me - I showed up in court and told their trash attorney I would pay to have them go away if they agreed to dismiss it with prejudice.  She told me she couldn't do anything and to talk to Midland Funding (which we all know is worthless.)  Judge told me good for showing up and for requesting that and gave us a continuance.  Long story short, Midland then sent me a "Consent Judgment" to sign in the mail. I sent a fax to them responding to the Consent Judgment and told them there was no way I was going to sign it and that if they continued down this path, I would hire a lawyer and they would not get paid. I told them I wanted the case dismissed with prejudice.  (I had talked to 2 attys who told me their case was a joke, but to try and settle it on my own w/o paying them.)  I look on case net the morning of the hearing and find that it has been canceled due to Midland filing a Dismissal with Prejudice.  

 

My question is, now that they can no longer sue me, how do I remove them from my credit reports?  I guess they can continue to try and "collect" but can no longer sue me?  I have NOT paid them a dime, but I need them off my reports because I need a mortgage.  HELP!  

[hegemony]

how is it reporting and what is the DOFD?

[dvd]

Midland is one of the JDB that will delete if you settle with them. I believe they state this on their website.

[centex]

18 hours ago, NeverQuietHere said:

My question is, now that they can no longer sue me, how do I remove them from my credit reports?  I guess they can continue to try and "collect" but can no longer sue me?  I have NOT paid them a dime, but I need them off my reports because I need a mortgage.  HELP!  

A DWOP would not preclude them from selling to someone else. 

 

Their counsel was not entirely incorrect in claiming he could not make the decision on the spot.  Counsel is obligated to consult with their client prior to accepting any manner of settlement offer...failure to do so is sanctionable by the Bar.  However, it sounds like you got one who could not even get into the third-tier toilet programs and did the right thing without knowing the reason it was right...

 

That being said, Midland could, in theory, now send you a request for you to uphold your end of the agreed-upon terms given that you DID say you would pay if they agreed to dismiss with prejudice.  Much would depend on the jurisdiction's view and holdings on oral agreements between parties. 

[NeverQuietHere]

Thanks, Centex. This is part of my letter and my terms: I will even agree to pay this alleged debt in the amount of $435.98 for a dismissal with prejudice of the lawsuit that you have filed.  I would also like this removed from my credit reports.  Should these terms not be agreeable to you, then I will hire an attorney to fight this.  Please understand that I am aware that by signing a CONSENT JUDGMENT, it would then allow you to have this public report on my file.  I am not ok with this and will not sign it.  
 

They have not sent me any correspondence except the dismissal with prejudice order. Nothing about paying them. I was thinking that they may try to sell it off now, to be honest. I may try disputing the TL on my reports. Or do you think I should leave it alone? 

[centex]

15 hours ago, NeverQuietHere said:

Thanks, Centex. This is part of my letter and my terms: I will even agree to pay this alleged debt in the amount of $435.98 for a dismissal with prejudice of the lawsuit that you have filed.  I would also like this removed from my credit reports.  Should these terms not be agreeable to you, then I will hire an attorney to fight this.  Please understand that I am aware that by signing a CONSENT JUDGMENT, it would then allow you to have this public report on my file.  I am not ok with this and will not sign it.  
 

They have not sent me any correspondence except the dismissal with prejudice order. Nothing about paying them. I was thinking that they may try to sell it off now, to be honest. I may try disputing the TL on my reports. Or do you think I should leave it alone? 

What did their attorney say when you called him/her?  After all, that IS the point of contact when litigation had existed.  If they say that they withdrew as counsel of record following the dismissal, then you go back to Midland and see what they say.  They key is picking up the phone...

[j7n1o7]

Midland is one of the few that will do a pay for delete. It sounds like you're willing to pay the debt. If so, why didnt you just make arrangements with them initially to pay it and avoid court? You probably could have settled for less or made installment paymets. They would delete upon final payment.

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