lawyer tactics on how to win against midland funding

This is why hiring an attorney is the number one thing you can do when facing a Midland Funding lawsuit. That attorney should do two things: 1) develop a negotiation plan; and 2) develop a litigation strategy. Both levers must be working at the same time for a good defense.

Full Answer

Should I fight Midland Funding's lawsuit?

 · If Midland Funding is making that much money, you can bet they have the resources to take you to court and to put forth a solid case. This is why hiring an attorney is the number one thing you can do when facing a Midland Funding lawsuit. That attorney should do two things: 1) develop a negotiation plan; and 2) develop a litigation strategy.

What is Midland Funding?

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. It should be signed by an employee of the original creditor. If it is signed by an employee of the junk debt buyer then it ...

Does Midland buy debt without proving you owe?

This means that Midland hadn’t proved that they own the debt. They should provide the defendant and the court with a document giving proof that they legitimately bought the debt from the original creditor. They rarely produce this without a fight and it is not always signed by the person it should be either.

When to file a response to a Midland court complaint?

 · 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 of a judge or jury, and Midland will then …

How do I beat 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.

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.

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

Midland Funding owns accounts with an unpaid balance that have gone at least 180 days without a payment or payments have been less than the monthly minimum. When this happens, the lender may decide to close your account and turn it over to collections.

Can you settle with Midland?

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.

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.

Who does Midland Credit Management collect for?

What does Midland Credit Management do? Midland Credit Management collects on credit cards, medical bills, private student loans, and unsecured loans. MCM buys past-due accounts from banks and financial companies for sometimes as low as 10%-20% of the original balance.

Who is Midland Funding associated with?

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.

How much does Midland Credit buy debt for?

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.

Does Midland Credit Management negotiate?

Like many others, Midland generally is willing to negotiate a settlement for less than the full value of the debt. However, it also offers a “grace period” during which newly acquired accounts are not reported to the credit bureaus.

How do I block all calls from Midland Credit?

Contact the Consumer Law Firm of Francis Mailman Soumilas, P.C. today at 1-877-735-8600 to stop harassment from Midland or to see what action can be taken against Midland Credit Management if they have violated any of your consumer rights.

Is Midland Credit Management a debt buyer?

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 I Beat Midland Funding Lawsuit

My heart goes out to anyone who has experienced the stomach churning feeling of receiving a summons to court and I can personally sympathize when it is regarding credit card debt.

First Discoveries

I quickly learned that Midland Funding had every right to be suing me. They are a junk debt buyer and bought my debt from Capital One and then proceeded to attempt collection of the old debt. Most banks and credit card companies end up selling old debt and Midland Funding are one of the biggest buyers of such debt.

The Winning Details

The Defendant’s Package and other advice online made it clear to me that even though I knew I owned the debt, I should not admit that to anyone. It’s true that I defaulted on the payment of my Capital One Credit Card 7 years before but everything I read made it clear that Midland funding had the responsibility to prove that.

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 happens if you don't respond to a lawsuit in Midland?

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 of a judge or jury, and Midland will then start garnishing ...

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.

What does it mean when a lender charges off a debt?

Contrary to what you may think, when a lender charges off a debt, it does not absolve you of your duty to pay that debt. If you look at your credit report and see a debt that is charged-off, that just means the lender considers your debt to be uncollectable and writes it off their books. Charged-off debts are then sold to debt buyers like Midland ...

What to do if Midland Funding sues you?

Once Midland Funding sues you, make them pry it out of your dead hand if they want it. If you feel you must negotiate an end to the hostilities, then do so in a way that resolves the debt and the case, and then you pay in accordance with the resulting written terms.

What happens if you get sued by Midland Funding?

If you were sued by Midland Funding on a credit card debt, that means Midland Funding is already trying to beat you up anyway, so there is no point in giving the bully your lunch money. Half the time, consumers were already trying to work with the creditor before getting sued by Midland Funding. Then they got sued anyway.

What happens if you ignore a debt collector's request for admission?

The biggest consequence concerns requests for admission: If you ignore requests for admission, the debt collector can ask for the court to “deem admitted” anything that they were asking you to admit. Normally, this involves “deeming admitted” every fact that the debt collector needs, to get a judgment.

ASTMedic

So if you're just reading this forum for the first time because you Googled "Midland Funding Summons" like I did 9 months ago I'm sure you're freaking out that someone showed up and handed you a summons.

alioop4282

Wow! This is awesome! Congratulations and thanks so much for sharing your story and documents. I love how your vanished like a "fart in the wind" LOL!! Sooo funny.

ASTMedic

This is nice and thorough. I'm especially studying the trial brief. Wish I could copy it, though.

ASTMedic

The only thing I would have done different is that when the lawyer asked about medication the 2nd time, I would have said "Objection, the witness has already answered the question!". As a pro se, you are still your own lawyer and can object to any question that is objectionable.

1stStep

If you file the MC-010, they will take their sweet time paying you... if you drag them for a debtor exam, they will probably pay a lot faster.

Coltfan1972

Wow, I hope everybody that actually goes to court really reads closely how you handled yourself in court. Now that's how it's done !! That was so very smart of you to read the judge and take the hints. Also the short and right to the point answers, you're right, you really confused the other side.

ASTMedic

Wow, I hope everybody that actually goes to court really reads closely how you handled yourself in court. Now that's how it's done !! That was so very smart of you to read the judge and take the hints. Also the short and right to the point answers, you're right, you really confused the other side.

Can Midland Funding prove a lawsuit?

Midland is a debt buyer that files many types of collection lawsuits, including credit card lawsuits , personal loan lawsuits, and other debt lawsuits. Midland usually can’t prove the cases it files. That means you have a high chance of winning a Midland Funding lawsuit. If you’re getting sued by Midland Funding, call us for help.

What is Midland Funding?

Midland Funding is one of the “debt buyers” that purchases delinquent consumer accounts. Debt buyers like Midland usually purchase old debt at steep discounts. The Federal Trade Commission (FTC) stated debt buyers paid 4 cents on the dollar for old debt and the Consumer Financial Protection ...

Can you ignore a Midland lawsuit?

You probably shouldn’t ignore a Midland Funding lawsuit. If you do, a default judgment may be entered against you. A “default judgment” is a court order that you owe the debt Midland claims you owe. After such a judgment is entered, debt collectors can seize property and garnish bank accounts.

Is Midland a debt buyer?

Midland Funding lawsuits are common in Pennsylvania. Midland is a debt buyer that files many types of collection lawsuits, including credit card lawsuits , personal loan lawsuits, and other debt lawsuits. Midland usually can’t prove the cases it files.

Midland's Secrets Revealed!

But even more interesting than this development (which, considering how much money these companies make, was a slap on the wrist) are the facts that came to light about these companies through the litigation. If you are being pursued by any of these companies, these are things you need to know!

Find Out More!

Want more secrets on how to protect yourself from creditors? Then download my free book, The Biggest Secrets Your Creditors Don't Want You to Know. Become empowered and protect your rights! Sometimes it is worth it to fight back!

I Can Help You Fight Back!

Leveraging their secrets against them can certainly level the playing field in negotiations, but it can still be very difficult to play on that field. Sometimes you need an experienced coach in your corner.

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