Have you recently received a telephone call, collection letter or summons from Midland Funding? Midland Funding is a company that buys “bad debt”, credit accounts that are in default, in an effort to make profit. These sneaky collectors are trying to get money from of your so called debt by buying large blocks of alleged defaulted credit card accounts for pennies on the dollar or less. Their main purpose is to collect whatever they can on the accounts. We’ll help you defend yourself from this debt lawsuit scheme.

Do not let those sly collectors from Midland Funding get the best of you. Such debt collectors’ personal mission is to make the lives of people such as yourself miserable by following up on old debts that you may not even owe!

Midland Funding’s Secret Methods

Midland Funding files dozens of lawsuits a day with the hope of collecting on old debt claims that have been charged off by the original creditor.

When dealing with this company be sure to question their legal sufficiency. Midland must establish facts to prove that you really had this credit account with the original creditor, that you defaulted on it on a certain date and agreed to pay XX amount of interest on it. They basically need to prove that they have the right to sue you and collect on the so-called debt. When a party files a lawsuit in the state of Pennsylvania, which is where Midland Funding is based, there are several issues that have to be pleaded in the lawsuit.

Here are four facts that need to be established by Midland when attempting to sue you for bad debt:

• Defendant had a credit account with XX (original creditor).
• Defendant agreed to pay XX amount of interest.
• Defendant defaulted on credit account on XX date.
• Plaintiff (Midland) has the right to sue Defendant on the alleged debt.

Legally Insufficient Credit Card Lawsuits

Oftentimes, the lawsuits filed by Midland Funding are legally insufficient when initially filed. One must catch them early on and object to the lawsuits on insufficient grounds. This can be done successfully using The Defendant’s Package.

Just like any other debt buyer Midland Funding buys debts that have been charged off by the original creditor. Understanding exactly how these debt buyers operate will help you in fighting the debt lawsuit filed against you. It is actually their wish that the defendants, who usually lack knowledge about these credit card collection cases, do not file a response and allow a default judgment to be entered. Remember, by failing to respond or filing too late, you are handing over the case to them resulting in default judgment so they automatically win the case. When you do not file a case, the court automatically assumes that you are in agreement with the lawsuit and you are willing to give the debt buying company, like Midland, everything they are asking for. The fact is that once a creditor has obtained judgment against the defendant they can garnish their wages.

Reasons Why You Should Contest a Lawsuit By a Debt Buyer Like Midland Funding

In some cases Midland Funding is attempting to sue a consumer who does not even owe the debt! This may be hard to accept, but it’s true. There have been cases where the defendant didn’t even have an account with the bank being mentioned in the lawsuit. When junk debt buyers purchase accounts they receive minimal information and don’t receive the underlying contract or copies of any other communication on the account so the debt that was bought is usually very old and the statue of limitations has run out. The lack of evidence that many of these companies have can be quite surprising. When asked to present the evidence in support of the debt lawsuit, the collectors often have no documented proof that the defendant even owes the debt. This is when they include affidavits full of hearsay and other non-admissible evidence. If possible, have an attorney review your lawsuit to determine if there is something you should contest. In the meantime, you can look for the following on your own:

• How old is the debt?
• Has the statute of limitations run out?
• Ask for documented proof and evidence that support the collection agency’s lawsuit.
• Check for lies and falsified information.

The Truth About Midland Funding Lawsuits

Don’t be intimidated when going up against one of the nation’s largest debt collection firms. We have experienced triumph over this same collection agency and others have as well. Midland workers have even admitted to signing hundreds of affidavits without reading over them or verifying whether a debt was actually owed. In many cases the debts were over a decade old. Debts 10 years or older are known as “zombie debt”, and Midland will purchase these debts from other businesses and credit card companies for cents on the dollar as mentioned before. Robo-signing has been widely condemned in foreclosure cases, which has resulted in tons of crackdowns in several states. This practice has led to the investigation of many collection firms.

Fight Junk Debt Buyers

According to a recent statement, Midland’s corporate parent stated that 95% of consumers ignore letters sent by the company, leaving the court system as the only remaining option. Consumers who do not respond to mailed legal notices don’t realize that debt collectors can easily obtain a default judgment, while others often wonder if the phone calls and mailings were a scam. Since defendants facing Midland’s tactics can’t always afford attorneys or have them represent them in such cases, The Defendant’s Package can be beneficial to consumers who choose to fight the junk debt buyer and win their credit card collection case.

Additional Reading

• Sample Request for Documents Credit Card Discovery
• Sample Answer to Summons