Don't let Midland Funding do that to you -- make sure you show up in court. It is important to respond to a Midland Funding debt lawsuit because it is highly likely that the company will not have the necessary documentation to prove their case. Thus, by simply responding to the lawsuit, and essentially saying to Midland Funding that they need to actually prove that you owe a debt to them, Midland Funding will likely fold like a cheap pair of pants.
Even if you know you owe a debt, Midland Funding has the burden of proving i that they legally own your account with the debt on it, ii that the amount they claim that you owe is correct, and iii that they filed their lawsuit within the relevant statute of limitations. It is easier than you think to respond, or Answer, a debt collection lawsuit. But remember, you only have a limited amount of time, so don't dawdle. Contact SoloSuit sooner rather than later to get the help you need to quickly create, complete, and file your Answer to the debt collection complaint.
Here are a few things to keep in mind:. Specifically, the three things you need to worry about when filing an Answer are:. SoloSuit makes it easy to respond to a debt collection lawsuit. SoloSuit is a step-by-step web-app that will ask you all the necessary questions to complete your Answer to a Complaint.
When finished, you can either print the completed forms and mail in the hard copies to the courts. Or, even better, you can pay SoloSuit a small fee to file it for you, and also have an attorney review the document.
Midland Funding has also gained a reputation for filing lawsuits without the appropriate documentation as well as filing lawsuits that are outside of the statute of limitations. In Ohio, the applicable statute of limitations is either eight or fifteen years on a credit card account, depending on when the default occurred.
As with many debt buyers, Midland Funding is anticipating obtaining a default judgment against a consumer which it has brought an action against. As a consumer, you should not allow this to happen. There are far too many defenses that may be available to allow Midland to receive a judgment by default. Per our policy, we stop credit reporting on accounts that are Paid in Full or Paid in Full for less than the full balance and more than two years past the date of delinquency.
To find out how you can resolve this obligation call the servicer of your account, MCM, at Midland Credit Management, Inc. MCM is a debt collector. MCM believes in:. Midland Funding, LLC, buys consumer debt. MCM believes in helping consumers find their way back to financial stability. Debt collection agencies have a singular focus: collect as much money as possible for the debt they have bought.
They often use aggressive collection efforts, including sending letters and making constant phone calls to you. It is important to note that Midland Funding is a debt collector, so it must follow the rules set by the Fair Debt Collection Practices Act. This federal consumer protection law prohibits companies from taking deceptive or harassing activity against consumers while collecting debt. The Texas Attorney General sued Midland Funding after finding a problem with robo-signing in which a person vouched for debts without having the requisite knowledge or contact with the debt.
This can occur even if you had no debt with Midland Funding, they have the wrong person, or there are other viable defenses against them. If you receive notice that you are being sued by Midland Funding, it is crucial that you do not ignore it. You generally have 20 days to respond to a civil lawsuit in Texas. Your answer should specifically address each allegation and assert any affirmative defenses you have. Because there are particular rules and procedures you must follow, it is in your best interest to contact an experienced debt defense attorney to help defend against the lawsuit.
Contact us today to begin mounting your defense. A knowledgeable debt defense lawyer can protect your legal rights and defend against unsubstantiated claims. You can expect an experienced lawyer to:. It could be a case of mistaken identity, or the debtor might not have proof that they actually own the debt. If there is not a viable defense to the collection suit, your lawyer might recommend filing bankruptcy as a way to help protect your financial future and avoid serious consequences like the garnishment of bank accounts or the loss of your personal assets.
Is it possible to be Judgment Proof? Who Is Midland Funding? Call or or click here to submit a consultation request form now.
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