I’m Being Sued by Midland Funding! What Should I Do?
Have you received a debt collection letter from Midland Funding, LLC? Or maybe you received a complaint or court notice from Midland Credit Management (MCM)? You may ask yourself “Who are these people? I didn’t buy anything from any company called Midland!”
When credit card debt, auto loans, bank debts and other consumer debts go unpaid, the holders of the debts often sell them to third-party debt buyers. If you didn’t pay your credit card, it’s a good bet that the credit card company sold it to a debt buyer. Midland Funding is one of the biggest debt buyers in the country. Midland Credit Management (MCM) is the debt collector that then tries to collect that debt. Both are owned by Encore Capital Group.
Long story short, hearing from either Midland Company or MCM is never good news. It means they are trying to collect a debt If you don’t pay, Midland Funding will no doubt sue you. And once they have a judgment, they will take action to garnish your wages or freeze your bank account. Midland files debt collection lawsuits against many Florida residents.
How Did Midland Funding Become the Owner of My Debt? And Why?
Once you let 180 days go by without making a minimum payment on consumer debt, the debt holder can sell your debt to a third party. They don’t need to ask your permission, and they may not even need to notify you. Midland purchases these debts for a fraction of what debtors owe. The advantage to the original debt holder is they can get some money immediately, and they don’t have to deal with the time and expense of collection. The advantage to Midland is obvious: they pay a small sum for a debt and then go after the whole amount from the debtor.
If you suddenly start getting calls and letters from MCM, you may call your original creditor to try to find out what’s going on. You probably won’t get very far with their customer service. Once the debt is sold, they’ve probably wiped you from their system for all intents and purposes.
How Reputable Are Midland Funding and MCM?
Midland Funding and MCM are bad news. The Consumer Financial Protection Bureau has taken action against them in the past for using deceptive tactics. Some states have also sued the parent company, Encore, for unethical debt collection practices. Midland has been known to illegally harass debtors and even try to collect debts once the statute of limitations has run out.
Now note the next part. When Midland Funding buys a debt, they often do not take on the extra expense of having required documents transferred. These include
- The original agreement between you and the creditor
- Dates and descriptions of transactions
- How interest was calculated
- Proof Midland actually purchased the account and the terms of that sale
Debt buyers as a rule only buy a list of names with addresses and amounts due. They rarely have all the documentation to prove you owe the amount claimed – or anything at all.
How Can I deal with Midland Funding and Win?
When MCM contacts people to collect debts, debtors may pay without asking questions. When Midland Funding sues debtors, they often do not even show up in court. That usually means the court grants a judgment for the amount Midland asks. Once Midland has a judgment against you, it will have what it needs to garnish your wages, levy your bank account and take other actions to grab your money and assets.
Not showing up in court is a huge mistake. As we saw just a moment ago, Midland usually does not have much proof at all that someone owes what they claim. Instead of throwing in the towel, you will want to get a good Florida debt collection attorney and defend the suit. Since Midland probably has very little proof, you may win the suit and not have to pay anything or reach a settlement for a fraction of the amount.
Don’t wait until it comes to a lawsuit. If you contact a good Florida debt collection lawyer as soon as you hear from Midland, chances are your attorney can negotiate a very good settlement without putting you through all the anxiety and uncertainty of a court appearance,
Call Us the Minute You Hear from Midland Funding or MCM
You do not have to live with the misery of debt collectors hounding you. Contact Ziegler Diamond Law: Debt Fighters a free consultation by submitting this form or just call us directly at (727) 538-4188 in Clearwater, (813) 225-3111 in Tampa or (352) 600-1326 in Mt. Dora.
We will immediately get Midland and other debt collectors off your back, so you don’t need to be afraid to answer the phone. We will analyze your situation and lay out the best options for you to move forward. Video, phone and in-person consultations are available.