how to beat midland funding without an attorney

Full Answer

How can I beat Midland Funding LLC?

To beat them, all you need to do is “show up.” Specifically, many debt collectors (Midland Funding LLC included) that file lawsuits against consumers are not actually prepared to prove their debt collection case in court. What does that mean for you?

Who are Midland Funding and Midland Credit Management’s attorneys?

In California Midland’s primary outside law firm is Hunt & Henriques, though sometimes they keep the account in-house and use one of their own attorneys. That happens a lot – in fact, during November 2014 alone Midland Funding and Midland Credit Management filed 193 collection cases in Los Angeles Superior Court alone.

What happens if Midland Funding can’t prove a debt?

In many cases the original documentation that you signed to verify that you incurred a debt is never sent to Midland Funding by the original creditor. Without these documents, Midland cannot prove their case and will have to dismiss their law suit. Other times they may have some documentation but can’t prove how they came to the amount you owe.

Can I defend my credit card lawsuit against Midland Funding?

If you defend the credit card lawsuit when Midland Funding decides to sue, there’s a pretty good chance you’ll either get a very good settlement or win the case entirely. Because in the absence of any proof of their ownership of the debt or the amount due, Midland’s case falls apart.

How do you win against Midland Funding?

To beat them, all you need to do is “show up.” Specifically, many debt collectors (Midland Funding LLC included) that file lawsuits against consumers are not actually prepared to prove their debt collection case in court.

Will Midland Funding settle out of court?

If the case is not dismissed, it can often be settled in court for a lesser amount. Midland Funding is not the original creditor, so your debt is not their loss. Their goal is to recoup as much as possible, and often a settlement is the best way to make money in their case.

What happens if you don't pay Midland Credit Management?

Companies like MCM are debt buyers, meaning if you fail to pay a debt, such as a credit card, loan, line of credit, phone bill, or hospital bill, MCM will purchase that debt. Companies don't usually have the resources to collect the debt from you, so they sell it for pennies on the dollar.

How do I remove Midland from my credit report?

If you want to remove Midland Credit Management from your credit report, write to their address:Address: P.O. Box 939069. San Diego, CA 92193.Phone Number: (877) 420-0039.Website: www.midlandcredit.com.

What percentage will debt collectors settle for?

Typically, a creditor will agree to accept 40% to 50% of the debt you owe, although it could be as much as 80%, depending on whether you're dealing with a debt collector or the original creditor. In either case, your first lump-sum offer should be well below the 40% to 50% range to provide some room for negotiation.

Can Midland Credit garnish wages?

A judgment allows Midland Funding to seize money from your bank account, put a lien on your property, garnish your wages, and more. The judgment will follow you and Midland will use it until it collects everything ordered against you.

How do I respond to Midland Funding lawsuit?

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Does Midland settle?

In the letter or phone call Midland may offer you the opportunity to settle or set up payments on your account in order to prevent the credit reporting of the collection account from occurring at all.

Will MCM take you to court?

Contact Chicago Consumer Law Center, P.C. Our law firm has a track record of protecting consumer rights and explaining your options to you when a company like Midland Funding or Midland Credit Management (MCM) takes you to court and before they get a default judgment against you.

How do you settle MCM?

To move forward with getting MCM removed from your credit report, you should write another letter called a debt validation letter, also within thirty days of your first communication with this debt collector. This letter should demand validation of your debt.

Can Midland Credit sue me?

It can also include suing on a debt you don't actually owe or threatening to sue when they don't have any legal right to do it. Just because Midland Credit sued you doesn't mean there's a violation, but given their history and the past allegations against them, it's always worth doing a review.

How do you get a deletion letter from a collection agency?

Steps to initiate a pay for delete letterContact the collection agency in writing or over the phone to request a pay for deletion. ... Once the collection agency agrees to a pay for deletion, request a signed agreement stating they will remove the collection account or negative tradeline from your credit reports.More items...

Who has the burden of proof?

As we have previously mentioned, the plaintiff has the burden of proof and for them to win, they need to prove several things to you and the court.

How long does it take to answer a summons?

When reading your summons, pay close attention to the deadline given. Some states will give you 20 days, others will allow 30 days in order for you to answer you summons.

What happens if you ignore the summons?

If you ignore it or present it late, then the junk debt buyer will receive a default judgment against you, meaning that you lose.

Does Midland Funding have to prove anything?

An important factor in this is that the burden of proof is with the plaintiff. That means that the Midland Funding has to prove everything and have evidence to back it all up. Surprisingly, this is something that they consistently struggle ...

Can a company accuse someone of the same thing?

Any individual or company could accuse someone of the same thing. To win a case, they need to back-up and prove, with evidence, that the allegations are true. An affidavit may come with the summons. This is the junk debt buyer’s version of evidence but you need to examine this closely.

Can Midland testify to a statement from another company?

If it is signed by an employee of the junk debt buyer then it is not real proof. Midland cannot testify to a statement from another company as it is not official nor compelling. If this is the case, you could file a motion to strike the case as hearsay.

How long does it take to respond to a summons?

These both contain vital information that if ignored, could cost you your case before you have even put a pen to paper. For example, it will contain the deadline for submitting a response to your summons and complaint. This is usually about 20-30 days depending on where you live. As mentioned, 90% of defendants let that cut-off date pass like any other day, whether unintentionally or consciously, hoping that it will mean the end of the nightmare. Unfortunately, it is not and whatever your reasons, ignoring your summons and complaint is never a wise move and completely avoidable.

Is Midland Funding a recognizable name?

Regrettably, the name Midland Funding is becoming increasingly recognizable across the United States and as they serve scores of summonses to unsuspecting consumers on a daily basis, regular families and individuals are left feeling confused and anxious.

Does Midland have an attorney?

Without an attorney, many consumers served by Midland make the false assumption that they have no hope of winning their case. They recoil, figuring that they are over a barrel and have no choice but to let Midland toss them about like a cat with a mouse, until they get what they want.

With or without an attorney?

One reason why many people throw in the towel too soon is because they believe that a lawsuit requires an attorney and without one, they are doomed. In an ideal world, where money is no object, hiring an expert lawyer who is experienced with junk debt lawsuits would be the perfect solution.

Follow the Rules

This is a legal case and as such, it is vital to be diligent when it comes to the rules and requirements. As we have seen, failing to do so can be disastrous for your case and your pocket.

Can Midland sue you?

If this is your first lawsuit, then it’s important to understand that a lot of the fighting takes place before you even step inside a court room. In fact, the battle can be won before it gets that far.

A debt buyer must prove that they legally own the debt

They may provide you with a bundle of credit card statements but this is not enough as you have never had a contract with Midland Funding.

What happens if you default judgment in Midland?

A default judgment is the same as winning in front of a judge or jury, and Midland will then start garnishing your wages, seizing the money in your bank accounts, and putting liens on your property.

Why do people lose to Midland?

Why Most People Lose to Midland Funding. Midland’s entire business model relies on the fact that most people will not file a response to a law suit. When you fail to respond to a law suit filed by one of their lawyers, Midland can get what’s called a default judgment against you. A default judgment is the same as winning in front ...

Can Midland Funding collect on debt?

Midland will often purchase debts where the statute of limitations has run, and they have no legal right to collect on the debt. Of course, you MUST file a response with the court presenting this defense to win. If everyone who Midland Funding sued actually filed a response, they would probably be out of business.

Why does Midland Funding get judgments?

Most of the time, when someone is sued by Midland or another debt buyer, they fail to defend the case or show up in court. With no opposition to the lawsuit, the judge grants a judgment in Midland’s favor.

What is Midland Funding?

Midland Funding is a company that buys old credit card debts at a steep discount, often without proper documentation. The company tries to collect by hiring collection agencies; if that doesn’t work, Midland will hire a lawyer to file a collection lawsuit.

What happens if you don't pay Midland Credit Management?

If you don’t pay the debt when Midland Credit Management comes calling, then Midland Funding will take back the account and send it to a law firm. In California Midland’s primary outside law firm is Hunt & Henriques, though sometimes they keep the account in-house and use one of their own attorneys.

Why do lenders sell debt?

If the original creditor can’t get you to pay the debt, it makes sense that the lender would want to sell the account in an effort to minimize its losses. The new buyer understandably doesn’t want to pay full price for the account, which is why these debts are sold at such steep discounts.

What is the original agreement of a lender?

The original agreement, including the terms and conditions under which the original lender agreed to extend credit; copies of statements showing how the borrower incurred the debt, including the dates of transactions;

Who is the largest debt buyer in the US?

One of the major players in the debt buyer arena is Midland Funding, a unit of Encore Capital Group. Encore Capital, based in San Diego, is the largest debt buyer in the nation, buying enormous portfolios of charged-off debts each year in the hopes that it will be able to collect. According to Midland’s website:

Does Midland Funding pay for credit card debt?

Midland Funding, however, buys billions of dollars worth of debt each year. To cut its costs, Midland wants to pay as little as possible for each account. The credit card companies, however, want to get paid as much as possible so that they take less of a loss on their unpaid accounts.