Sued By Midland Funding LLC? We Can Help
Are you being sued by Midland Funding or a similar debt collection firm? We’re here to help. In this article, you’ll learn the ins and outs of dealing with a Midland Funding lawsuit and other debt collection activities. Contact Ziegler Diamond Law today for a free consultation with a Florida debt attorney you can trust.
What is Midland Funding LLC?
Midland funding is a debt collection agency that buys consumer debt from other companies and attempts to recover owed funds. It is a subsidiary of Encore Capital Group Inc. Midland Funding is a third-party debt collector, which means they are not the original creditor.
Midland Funding Contact Information
Here is the contact information every consumer should know about Midland Funding:
- Address: 350 Camino De La Reina #100, San Diego, California 92108
- Phone Number: (877) 653 – 4161
- Website: www.midlandfunding.com/
- NMLS ID: 934164
Who is Midland Funding in Relationship to Midland Credit Management Inc (MCM)?
Midland Funding and Midland Credit Management (MCM) are both debt buyers of defaulted accounts. The most significant difference between the two companies is that Midland Credit Management is a debt buyer and servicer, while Midland Funding is just a debt buyer.
In many cases, consumers in default will see Midland Funding on their credit report but get contacted by Midland Credit Management, Inc. to service the account.
It’s essential to note that both companies must adhere to the rules and regulations in the Fair Debt Collection Practices Act. That means they can’t make harassing phone calls, call at irregular hours, threaten debtors, pursue legal action after the statute of limitations expires, etc.
Further, they must follow all other consumer protection laws when engaging in debt collection efforts.
If they have violated your consumer protection rights, you should contact a debt lawyer to discuss potential legal action as soon as possible.
Why Does Midland Fund Debt Collection Appear in My Credit Report?
Generally, when a consumer does not make payments to their original creditor for 180 days or more, the company may close the account and sell the debt to a debt collector like Midland Funding LLC or Midland Credit Management.
Once debt collectors have consumer account information, they will begin making phone calls, sending emails, and mailing letters.
How To Remove Midland Funding From Credit Report
Whether your account is slightly behind or they’ve threatened to sue you via lawsuit (i.e., obtain a judgment), there are ways to remove Midland Funding from your credit report. It’s important to note that every case is different.
However, generally, here are the steps you should consider when attempting to remove a debt collection agency from your credit report:
1. Don’t Deal With Midland Funding Over The Phone
You may think it’s best to deal with a debt collector like Midland Funding LLC via phone call, but that’s not typically true.
That’s because debt collectors like Midland Credit Management Inc. and Midland Funding are known for making false promises during phone conversations. In many cases, limiting your communication with debt collectors to writing is best.
According to the Fair Credit Reporting Act (FCRA), you have the right to demand written communication from any debt collection companies (including Midland Funding). However, it’s typically best to do so within the first 30 days of receiving communication from the company.
2. Review and Validate Your Debt
Debt buyers like Midland Funding and MCM usually purchase debt in bulk from credit card companies, student loan providers, mortgage lenders, etc. They don’t make any money unless they get consumers to pay some or all of the money owed to the original creditors.
With that in mind, before they collect, you or your attorneys should write a debt validation letter to ensure your information is accurate. Midland Funding LLC must investigate your claim if they don’t have accurate proof.
If the data on your accounts is not valid, they must cease contact and remove the negative financial entry from your credit report.
3. Make a Settlement Offer
Suppose you look over the debt documentation and realize you owe money. In that case, you can negotiate with MCM or Midland Funding to pay less money than owed before they consider taking you to court and suing or pursuing other debt collection activities.
However, it’s essential to note that settlement negotiations to thwart collection efforts aren’t always easy. That’s especially true if you’re not working with a consumer protection debt
4. Attempt to Negotiate a Pay-For-Delete
In addition to offering a settlement payment for your debts, you or your attorney can negotiate a Pay-For-Delete settlement.
These letters involve you or your attorney offering to pay an exact percentage of your debt (for example – 35 or 50 percent) in exchange for MCM removing themselves from your credit report.
However, you should never have this type of debt settlement negotiation over the phone. It should always be in writing.
5. Work With An Attorney To Have Your Debt Removed
In many cases, Midland Funding LLC and similar companies won’t stop attempting to collect your debts until you’ve negotiated a payment plan or they collect your debts via judgment in court.
If you’re concerned about debt collector activities and don’t want to jump through hoops to get your debts removed from your credit report, it may be best to consult with a proven debt attorney.
Debt attorneys help ensure individuals being sued by Midland Funding LLC get the best settlement offers and their consumer protection rights are not violated. Contact us today to speak with debt attorneys you can trust.
Can Midland Funding or Midland Credit Management Garnish Wages?
Since Midland Funding LLC is a debt collection business, it must adhere to all fair debt collection practices. That means that a debt collector like Midland Funding LLC or Encore Capital Group can’t threaten to garnish your wages for unpaid debts.
However, if they have filed a lawsuit and you don’t show up to court, they will automatically earn a default judgment against you-which could lead to court-ordered wage garnishment.
If Midland Funding LLC has threatened wage garnishment, lawsuits, or worse, in the course of debt collection activities, it’s strongly advised that you consult with an attorney as soon as possible.
Handling a Midland Funding or Midland Credit Management Lawsuit
Are you being sued by Midland Credit Management (MCM) or Midland Funding LLC? In that case, you can take a few simple steps to respond to a debt collector’s lawsuit.
Generally, you’ll have anywhere from two weeks to 40 days to respond to a Midland Funding lawsuit and file a reply to the debt collection complaint.
When you file, you should consider the following:
Admit or deny you owe the debt
When a debt collector like Midland funding files a lawsuit, you or your attorneys can respond to each allegation of unpaid debt against you. That means you must admit legal responsibility for the debts or deny them.
Assert an affirmative defense
Depending on the circumstances, you can assert many affirmative defenses to even the largest debt collection lawsuits. For example, the debt belongs to another consumer, the statute of limitations has expired, or you’ve already paid the debts you owe.
Get your reply stamped and mailed to the correct court
Regardless of the form of debt you owe or the amount, you’ll need to send a copy of your reply
via certified mail to the court and the Midland Funding attorney.
Suppose Midland Funding LLC or Midland Credit Management is in the process of suing you. In that case, it’s typically in your best interest to consult with proven consumer protection lawyers as soon as possible.
There are no guarantees that you will escape a summary judgment. However, working with an experienced attorney for debt lawsuits exponentially increases your chances of a favorable outcome.
How to Beat Midland Funding In Court
Every Midland Funding LLC lawsuit is different. Whether you win a Midland Funding lawsuit depends on the facts of your case, the statute of limitations, and if they’ve violated the Fair Debt Collection Practices Act when attempting to collect debts.
In addition to the information described in the previous sections, working with an experienced debt attorney is one of the best steps to take when you’re being sued by Midland Funding LLC or Midland Credit Managment Inc.
Contact Ziegler Diamond Law Today
Over the years, debt collection businesses like Encore Capital Group and its subsidiaries (i.e., Midland Funding, LLC and Midland Credit Management) have faced many consumer protection lawsuits from consumers and the Consumer Financial Protection Bureau for illegal collection efforts.
That includes allegations of:
- Failure to disclose potential international transaction fees to consumers
- Suing consumers to collect debts past the statute of limitations
- Suing consumers without the correct legal documentation
- Failure to provide consumers with appropriate loan documentation after requests,
- And many more.
Whether your consumer protection rights have been violated, you want to negotiate a lower settlement, or you’ve been sued by Midland Funding LLC, our debt lawyers are here to help. Contact us today for your free consultation.
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