how to take on midland llc without a lawyer

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?

How do I file a lawsuit against Midland?

Midland will hire a local collection attorney to file the lawsuit. Midland is a collector and they will rely on witness testimony in a “business record affidavit” when trying to prove their case against you.

Does Midland buy debt without proving you owe?

In other words, they buy these debts without being able to prove that you actually owe the debt! When Midland buys a debt, they are usually only provided an account number, social security number, name, and debt amount.

Can I talk to Midland Credit Management over the phone?

I do not recommend dealing with Midland Credit Management over the phone. While many debt collectors do follow ethical business practices, some of them promise things over the phone and then have no record of their promises. When this happens, the consumer can’t prove promises were made.

How do I beat Midland Funding LLC in court?

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.

Who does Midland Funding LLC collect for?

Midland Funding LLC is one of the nation's largest purchasers of unpaid debt from some of the nation's largest lenders. From my experience, Midland will purchase debt from such financial institutions as Barclays, Synchrony, Chase, and Citibank.

Can MCM take me 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.

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.

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.

Should I pay off charged off accounts?

You should pay charged-off accounts as well as you can. "The debt is still the consumer's legal responsibility, even if the creditor has stopped trying to collect on it directly," says Tayne.

Is Midland Funding legit?

Midland Funding is not accredited by the Better Business Bureau, but the company works with Midland Credit Management (MCM), which has been accredited by the BBB since 2000.

How much does Midland Credit pay for debt?

Midland Funding reportedly pays 4 cents for every dollar of debt it receives from other creditors. It makes money by collecting the full amount you owed to the creditor, along with extra penalties and fees.

How do I file a complaint against Midland Credit Management?

Concerns and ComplaintsVisit our Consumer Resolution Center.Call 877-420-0039.Write to. Attention: Chief Compliance Officer. P.O. Box 939069. San Diego, CA 92193.

How do I contact Midland Funding LLC?

Call MCM at (877) 653-4161 and we will answer all of your questions and discuss payment options.

Is Midland Credit Management a debt collector?

Midland Credit Management (MCM) is a debt collector that services accounts owned by Midland Funding. However, MCM also purchases and owns some of the accounts it services. This is why some consumers see Midland Funding on their credit report, but others see Midland Credit Management.

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 can't pay your 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.

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;

Does Midland Funding get proof of credit card debt?

In fact, Midland doesn’t get much proof at all when it comes to the debts it buys. Just enough to figure out who to sue and how much to claim as an amount due. 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.

Does Midland Funding receive copies of agreements?

The company doesn’t ordinarily receive copies of agreements, statements, or anything else that would prove the amount or ownership of the debt. The agreements covering these transactions allow Midland Funding to get more information, but it’s going to cost them more money – as much as $50 per account.

Does Midland Funding take back my debt?

Midland Credit Management will usually try to collect on a debt once Midland Funding buys the account, hoping that the consumer will voluntarily make a payment. Some people will pay the debt, others won’t. If you don’t pay the debt when Midland Credit Management comes calling, then Midland Funding will take back the account ...

What is Midland Funding LLC?

Who Is Midland Funding LLC? Midland Funding LLC is a buyer of charged off debt, also known as a debt buyer. They are related to “Midland Credit Management”. Midland may be showing up on your credit report or they may have served you with a lawsuit.

How does Midland make money?

Midland makes money by collecting the full amount owed on the account from you, including fees and costs that it typically adds to the account , because it only had to pay a fraction of what you owed to purchase the account. Midland buys thousands of charged-off debts throughout the country each year.

Does Midland have a collection attorney?

Midland will hire a local collection attorney to file the lawsuit. Midland is a collector and they will rely on witness testimony in a “business record affidavit” when trying to prove their case against you.

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.

Be Proactive and Follow These Steps to Increase Your Chances of Winning

When you are served with the complaint asking the court to award Midland damages for failing to pay a debt, READ THE PAPERS carefully. The papers will often say that you must file a response by a certain date. Calendar that date.

Why Should I File a Response?

I’ll let you in on a little secret about debt buyers like Midland Funding, Asset Acceptance, and Portfolio Recovery: when they purchase charged-off debts for pennies on the dollar, they often receive NO supporting documentation.

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.

What does FDCPA do for Midland?

The FDCPA also gives you the power to control which phone number MCM calls. Be sure to request a change of phone number and other contact information in writing. Contact the BBB or your state’s regulators if Midland fails to follow stipulations of the FDCPA.

What does Midland Funding do?

Midland Funding buys this debt for pennies on the dollar.

What happens if you prove a claim is not valid?

If you can prove that the claim is not valid, it will be wiped off your credit report. It’s possible that MCM reps will be able to prove the validity of the debt. If they do, you’ll need to try something else.

Does Midland Funding appear on your credit report?

Midland Funding could appear on your credit report even though you’d be dealing with Midland Credit Management. If you choose to contact the credit bureaus directly about your debt, be sure you specify which company you’re concerned about.

Can debt collectors promise things over the phone?

While many debt collectors do follow ethical business practices, some of them promise things over the phone and then have no record of their promises. When this happens, the consumer can’t prove promises were made. It’s much safer to keep communications restricted to letters which are sent and received via mail.

Do collection services pay less than the going rate?

Since collection services companies do pay less than the going rate for the debt that they bought, they can afford to take less than the sum total of the debt and still turn a profit. Anything you pay (beyond their low purchase price for the debt) is profit from their point of view.

Does Midland Funding buy old debt?

The firm buys old debt from original creditors, usually for pennies on the dollar. If Midland Funding buys your old debt, it will turn the account over to Midland Credit Management to collect the debt from you. Midland Funding could appear on your credit report even though you’d be dealing with Midland Credit Management.