Archive for the ‘Midland Funding Lawsuits’ Category

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.

Like me, I imagine that getting into debt was never something that you planned or anticipated but rather it was a result of a series of unfortunate events that led to tough financial times. Maybe you or your spouse were made unemployed, a family member became unwell or your car or home needed essential repairs and you were left struggling to find a way to pay for the basic essentials necessities. In situations like that, a credit card bill takes the back seat. Unfortunately for the genuine consumer, it doesn’t always remain in the background and it is just a matter of waiting until it rears its ugly head again.

I remember feeling extremely overwhelmed and pretty desperate as I read through the Summons and Complaint. I was confused and fearful for my family’s future.

I wanted to ignore it and hope that it would go away. I knew that there was no way that I could afford an attorney and so I felt that trying to fight the case was pointless. ‘What do I know about law?’ I remember thinking, ‘I’ve got no chance’.

I was also hesitant to accept that the Summons was legitimate because I had never heard of a company named Midland Funding. I had never opened an account with them or even requested information about a Credit Card from them.

However, despite my doubts and suspicions I decided to do some research and I that was the best thing I could have done.

I came across experiences from many consumers in a similar position to me and found that they had actually been able to win their cases. I also found

The Defendant’s Package and was so relieved to have a reliable resource to refer to throughout my lawsuit.

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. I also learned that it was vital that I responded to the Summons and Complaint and show my intention to fight the case.

I discovered that if I ignored the Summons or even responded to it after the deadline that Midland would be awarded a default judgment against me and they could begin garnishing my bank accounts. They could also interfere with my wages and in some cases, even social security. A default judgment is not something that you can easily reverse and it definitely wasn’t something that I wanted to attempt so I got to work on my response.

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.

In the Complaint, Midland listed a number of allegations including when my account was opened, the dates I defaulted and the total amount owed including extra fees and interest that Midland tagged on. They didn’t, however, include copies of a contract, account statements or indeed any physical proof. On the advice of various forums and The Defendant’s Package, when I responded to the Summons and Complaint, I admitted to very little and claimed that there was ‘sufficient information to admit or deny’.

In my response to the Complaint I also included various affirmative defenses. These are facts that if proved by the defendant mitigates the allegations of the plaintiff, even if they are true. It could be that the plaintiff has not sued the correct person, they have claimed too much interest or they have started proceedings too late.

In my case there were two that stood out and were compelling. The first was – ‘Plaintiff’s Complaint fails to allege a valid assignment of debt and there are no averments as to the nature of the purported assignment or evidence of valuable consideration’. 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.

The key in my case, though, was the Statute of Limitations. This means that Midland started legal proceedings too late. In the US there are time limits outlining specific time frames during which a creditor or debt collector can legally sue the debtor. This time period differs depending on where you live and for me, in Texas, the period is four years. When I reviewed my documents and credit report I determined that I had defaulted nearly 7 years before I received my Summons. According to the law my debt was too old and Midland should not be able to sue me for the debt.

I submitted my answer with my affirmative defenses but chose to immediately file for a Motion to Dismiss with prejudice due to timed barred limitation. I didn’t have to wait too long before I received a confirmation that the Motion to dismiss had been ordered by the judge with prejudice, meaning that the Plaintiff cannot re-file the lawsuit. You can imagine my relief. To be honest, I was surprised that the guidance I found proved to be accurate and I was successful. I did not expect that outcome but now I know it’s possible for anyone to beat Midland.

The Defendant’s Package made the law accessible and understandable to me and led me to my victory. For more information click here.

Defending Yourself Against Midland Funding

Regrettably, the name Midland Funding is becoming increasingly recognizable across the United States and as they serve scores of Summons’ to unsuspecting consumers on a daily basis, regular families and individuals are left feeling confused and anxious.

Midland Funding are one of the largest, if not the largest debt buying company in the US and they make it their business to buy, pursue and collect unpaid debt.

They are not creditors themselves and never enter into any contracts directly with consumers but they work alongside banks and Credit Card Companies who chose to write off debt after a borrower fails to pay-off their loan or Credit Card balance.

In an ideal world, on being served with a Summons to court to resolve an outstanding Credit Card debt the first thing you would do is track down an experienced attorney. However, we do not live in an ideal world and with attorneys charging anything from $50 – $1000 per hour for their expertise, it is unsurprising that someone already in large amounts of debt cannot meet that kind of additional expense. As a result, many consumers have no choice but to defend themselves or act ‘pro se’.

The Defendant’s Package has helped many people successfully defend themselves in court against Midland Funding and other creditors and junk debt buyers.

Improving your chances

Without an attorney, many consumers served by Midland make the false assumption that they have no hope of winning their case. They recoil, figuring that they are over a barrel and have no choice but to let Midland toss them about like a cat with a mouse, until they get what they want.

This is what Midland Funding hope that you will do and to some extent they expect it too. Staggeringly over 90% cases end prematurely because the consumer thought it futile to fight the case pro se. As a result of the majority of defendants surrendering immediately, Midland have been used to easy, quick pay-outs. Therefore, just by deciding to fight and defend your hard earned money and the security of your family, you immensely improve your chances.

First steps

Read carefully through all of the information you have received regarding your case. Initially this will be your Summons and Complaint. These both contain vital information that if ignored, could cost you your case before you have even put a pen to paper. For example, it will contain the deadline for submitting a response to your summons and Complaint. This is usually about 20-30 days depending on where you live. As mentioned, 90% of defendants let that cut-off date pass like any other day, whether unintentionally or consciously, hoping that it will mean the end of the nightmare. Unfortunately, it is not and whatever your reasons, ignoring your Summons and Complaint is never a wise move and completely avoidable.

If you miss the deadline, or any deadline throughout the lawsuit, the Plaintiff can be awarded a default judgment against you which ends the case in favor of the plaintiff. That grants the plaintiff the right to begin a series of procedures ending with your money in their pocket. They will be able to garnish your wages and freeze your bank account.

This is needless and preventable, so make the effort to thoroughly study all letters and documents that are sent to you.

Do your research

As the saying goes, you get out what you put in and so it’s safe to say that with you lawsuit, the more research you do, the greater chance you have of winning your case. Although your case is separate to the thousands of other Midland cases, it’s by no means unique. Remember that Midland want a quick and easy pay-out. They are not particularly interested in ensuring the details of your case are exact or even correct. They file these lawsuits in bulk and know that for the majority of them they don’t need to do anything more than that.

Learn more about their tactics and how they have been caught out in previous cases. It’s likely you can find similar if not identical patterns in your own case. The Defendant’s Package actually contains a lot of examples to help you and helps you know what to look for.

Make sure that you research what your local state court requires of the Plaintiff. Each state slightly differs in its policies and instructions and so you need to make sure that you are aware of what Midland should be doing. If you find something that doesn’t tie in with Midland Funding’s actions, then you may have a reason to have the case dismissed due to their failure.

If they have failed to meet some requirements, their failure to abide by the law will invalidate the case even if they can prove you owe them the debt.

One of the areas to check is the Statute of Limitations. This rules that old cases cannot be brought to court and sued on. What constitutes as an ‘old case’ depends on where you live. For example, in California the Statute of Limitations is just four years so if more than that has passed since you defaulted, then the debt and the case may be too old. In other states, however, it can be as long as 15 years, so it’s vital you find out what your state allows and how old your debt is exactly.

You have a number of options if you find something is amiss, whether regarding the statute of limitations or in another area. Once again, your local court will outline when you should file Motions (to dismiss the case, for example). If you discover something is not right before you submit your Answer to the Complaint, in some states you can file a motion to dismiss in lieu of an answer whereas in other states you have to file both.

The Defendant’s Package is a fantastic resource containing examples, templates, instructions and guidance from those who are experienced and successful.

Beat Midland Funding in Court

Consumers all over the United States spend many happy, peaceful years without ever hearing the name Midland Funding. That is until they receive a court Summons or they check their credit report.

Midland Funding is not a bank or a commercial lender so you probably have never dealt with them personally in the past. So how can they be suing you? Midland Funding make it their business to start collecting debt when Credit Card companies and banks give up. They define themselves as ‘one of the nation’s biggest buyers of unpaid debt’. They purchase accounts from banks and Credit Card Companies that have an unpaid balance.

This means that you may have had a Credit Card with a company such as Capital One for a few years but defaulted at some point or not met the minimum monthly payment. If Capital One fails to resolve and retrieve the debt, they may well sell your account to Midland Funding as one of thousands they buy for pennies. Midland will then resume efforts to recover the debt.

Unfortunately, it’s usually not just the unpaid balance they attempt to retrieve. Instead, they add their own extortionate fees and extras so a debt of $1,500 turns into $3,000. Considering that they may have only paid a few cents for the account, the profit margin they stand to gain is tremendous.

It’s not fair but it is legal so companies like Midland Funding continue to track down the most vulnerable in society and initiate an onslaught of demands, threats and lawsuits. Many have had their friends and family harassed and hounded as part of Midland’s predatory pursuit. Midland’s current tagline assures their customers that ‘whether you’ve seen Midland Funding on your credit report or received a letter or phone call, were’ here to help’. The reality is that they are ready to help: to help themselves to your hard earned dollars.

However, it’s not a hopeless case and even as a newcomer to the world of debt collection you do have a chance, a realistic chance to beat Midland Funding in court.

Even without an attorney, many consumers have been successful and won their cases by following some of the advice gathered by experienced professionals as well as skillful amateurs. If you are defending yourself, pro se, and in need of help, you will find a wealth of helpful guidance in The Defendant’s Package.

The Basics to Beat Midland

Countless consumers get so caught up in the technicalities that surround a lawsuit that they fail, or forget, to deal with the basics. Interestingly, cases can be lost and won on the fundamental stages of a Credit Card lawsuit. If you are to have any chance at all at beating Midland Funding, you must file a response to your Summons and Complaint.

This might sound simple enough but research has shown that around 90% of Credit Card Lawsuits involving junk debt buyers are concluded prematurely, in the favor of the plaintiff, because the defendant has failed to respond to the initial Summons and Complaint.

In those cases, the plaintiff is awarded a default judgment against the defendant which authorizes them to collect the sums that they originally demanded. This means that they can garnish your wages and freeze bank accounts, helping themselves in order to secure their pay out.

There is nothing that Midland Funding would like more than for you to submit your Answer after the deadline or, better still, not at all. They are currently winning around 90 % of their cases by doing absolutely nothing which means they make an even greater profit.

In reality, just by filing an Answer you force Midland to fight and to do that they need to work hard in order to succeed. Some consumers have actually found that the lawsuit comes to nothing once Midland realize that the defendant is ready to fight the case. Sometimes, it appears that they believe a case is not worth fighting for or maybe even that without a default judgment, their chances are very low. They would prefer to pick-on ignorant debtors who will surrender to a default judgment early on.

Don’t become another statistic. Check your Summons straight away and make a note of how long you have to file your Answer to the Complaint. Depending on where you live you will have between 20 and 30 days.

Force Midland to Prove Everything

As the person being sued, you may believe that the whole case rests on you being able to prove that you do not own the alleged debt. Moreover, if you do own the debt, you may feel like fighting the lawsuit is futile. However, the key to success in these cases is not giving in to these kinds of erroneous ideas.

True, if you can prove you do not own the debt, it will obviously be to your advantage. The burden of proof, however, rests not in your hands but in the hands of the plaintiff, the one making the accusations.

Consequently, instead of making admissions of the debt or tirelessly trying to prove that the debt is not yours, force Midland Funding to prove their allegations.

To begin with, force them to show you and the court hard, valid evidence that they are legal owners of the debt.

Since Midland are not the original creditor, they need to present an assignment of debt that shows that the debt was bought from the original creditor and transferred to them. You would be surprised how difficult it is for them to produce a valid assignment of debt and if they are unable to, all of their allegations are classed as ‘Hearsay’ and will not hold up in court.

In so many cases the plaintiff are not able to provide valid proof that they have the right to sue or that the defendant owes the amount they are claiming. Therefore, this could be your key to beating Midland Funding in, or even before going to court.

For more guidance, tips and examples, find out more about The Defendant’s Package. It has already helped countless consumers defend themselves against Midland Funding.

Help Fighting Midland Funding

If you are being sued by Midland Funding, you are by no means alone. Over recent years, the number of lawsuits involving Midland Funding and other junk debt buyers has increased dramatically across the US.

As one of the biggest delinquent debt buyers, they count on you to cower in the corner and do nothing. Can a company really rely on consumers not even attempting to put up a fight? According to the statistics, yes.

Surprisingly, the figures show that the vast majority of cases are won by default. This means, that Midland had to do nothing more than file a lawsuit against the consumer and then wait for them not to do anything. When the defendant fails to respond to the summons or does not attend pre-trial meetings or the trial itself, Midland Funding is awarded a default judgment against them. This allows Midland to begin filling their pockets with the defendant’s money. They will be allowed to garnish up to 25% of their wages on a regular basis and freeze bank accounts.

So, do not roll over and surrender! This is just a quick way to empty your wallet into their hands. Considering the hours you and your family have put into earning those dollars, isn’t it worth standing-up to Midland Funding and showing them that you are not ready to become another statistic?

The Defendant’s Package is especially for consumers who do not want to be walked over. It’s full of tips, explanations and guidelines that will help you fight.

With or Without an attorney?

One reason why many people throw in the towel too soon is because they believe that a lawsuit requires an attorney and without one, they are doomed. In an ideal world, where money is no object, hiring an expert lawyer who is experienced with junk debt lawsuits would be the perfect solution. However, can any one of us credit card debtors afford that?

If hiring a lawyer is completely out of the question, do not despair. Your fight is not over.

Every year thousands of consumers proceed ‘pro se’. This means that instead of using an attorney in court, the defendant represents themselves.

One word of caution when defending yourself though: if you choose to represent yourself, the judge will expect you to abide by exactly the same laws and follow the same procedures as a professional lawyer. ‘Ignorance excuses no one’, so do your best to educate yourself.

Court staff will be able to assist you with some procedural information such as where to obtain forms, answer requirements and how to file a motion butt they cannot and will not give you legal advice.

Follow the Rules

This is a legal case and as such, it is vital to be diligent when it comes to the rules and requirements. As we have seen, failing to do so can be disastrous for your case and your pocket.

For example, be conscious to check all deadlines and cut-off dates for each step of the lawsuit. When you receive your first summons and complaint, for instance, you have between 20-30 days to file your response. This is not negotiable and if you neglect to meet the deadline, the plaintiff can receive a default judgment against you.

The time limits and deadlines vary depending on the state where you live, so be sure to read any letters or documents carefully and check your local court rules.

Can Midland sue you?

If this is your first lawsuit, then it’s important to understand that a lot of the fighting takes place before you even step inside a court room. In fact, the battle can be won before it gets that far.

The fact that Midland have initiated court proceedings by filing a lawsuit against you does not mean that they have the right or basis to do so. In fact, anyone can file a lawsuit for any number of ridiculous reasons but it does not mean that they will succeed. The defendant will need to question, probe and force the plaintiff to prove that the accusations against him are true. If there is no solid evidence or basis for the case, it will crumble fairly quickly.

In order to win the case, you will have to dismantle it, piece by piece and claim by claim. For example, Midland Funding allege that you owe them $5,000. So, make them prove it.

A debt buyer must prove that they legally own the debt.

They may provide you with a bundle of credit card statements but this is not enough as you have never had a contract with Midland Funding.

To prove that they legally own the debt, they must provide you with a valid assignment of debt that shows that the debt was bought and transferred from your Credit Card Company to Midland Funding. Frequently, Midland Funding fail or refuse to provide this proof. This can work in your favor as a claim without proof is merely ‘hearsay’, an unfounded accusation that cannot hold up in court.

However, just to play the devil’s advocate, let’s say on this rare occasion, they manage to provide you with a valid assignment of debt. Midland still need to jump through a few more hoops in order to succeed. For example, have you already made payments to Midland for this debt? If they have accepted those payments, then they cannot sue you for that debt.

Another thing to investigate is the affidavit. Have they provided you with one? Is it valid? Is it signed by your Credit Card Company or an employee of Midland? If it’s the latter, then it is not a valid affidavit and once again, their claims are nothing but hearsay.

There are many more requirements that Midland need to meet in order for them to win the case. Investigate each one of them carefully. The Defendant’s Package helps you identify what to look for and also, how to use them in your favour to win your case.

How to Fight Midland Funding in Court

When writing about the art of war, a famous Chinese author explained that the key to success in any battle is to ‘Know your enemy’. This is definitely true when you find yourself battling credit card debt and facing a court case. You must begin by understanding who your enemy is. Who are Midland Funding?

For most of you, this may have been the first question that popped into your head when opening a court summons. You have never opened an account with them, you haven’t applied for a credit card or loan with a company with that name, so how can they be suing you?

Midland Funding are one of the many companies that buy unpaid debt in the US. They are also known as ‘junk debt buyers’ or ‘ghost debt buyers’ and Midland are one of the biggest of its kind.

Their business revolves around buying old, unpaid, defaulted debt from large credit card companies and banks for a tiny fee, maybe even pennies and then attempting to collect the full balance while adding copious, exaggerated fees to your bill.

Unfortunately, this is a completely legal practice and in itself doesn’t contravene any law or regulation.

Midalnd Funding and their contemporaries continue to succeed and multiply because they recognize that very few consumers will question their claims and even fewer will fight back. That gives these companies the easiest day’s work and pay-out ever.

The fact that you are reading this article shows that you are not ready to sit back and let them collect your hard-earned dollars. Although it may seem a daunting battle, it is one that can be won.

The author mentioned at the beginning also expressed the wise insight that ‘The opportunity to secure ourselves against defeat lies in our own hands’. So, it’s up to you. Stand up and fight this junk debt buyer and secure success. The Defendant’s package has been put together to help you fight your case pro se.

Here are just some other tips that will lead you to victory:

  • Answer Your Summons
    It may sound simple and obvious but a huge majority of people, for one reason or another, fail to respond to their summons. Unfortunately, this will not make the court case go away. On the contrary, it will lead to the plaintiff being awarded a default judgement against you.

    This may sound like nothing more than a slap on the wrist, but it is much more. A default judgement against you allows the plaintiff, Midland Funding, to freeze your bank accounts and garnish (or take from) your wages. It gives them the right to collect what they have said is owed by any means necessary. At this point, it doesn’t matter if they have made a mistake, if they have inflated the amount or if there were other inaccuracies; by not responding to your summons and complaint, you have as good as admitted and accepted everything that Midland Funding have said.

    Therefore, it is vital that you file a response to your summons and complaint. The Defendant’s package will help you write a powerful response.

  • Visit a court and watch a case
    If this is your first court case, the whole idea can be extremely daunting and overwhelming. However, some consumers have found a visit to the court house useful. You can familiarize yourself with the surroundings and set up and you might feel less intimidated if your case makes it to court. In some instances, there may even be an opportunity for you to watch a court case in action. Check with your local court and see if they can provide a calendar of upcoming trials and ask about the possibility of public viewing. You are certain to see Midland Funding listed somewhere, if not several times, in the pending case list.

  • Check if Midland are playing by the rules
    Because, they are probably playing by their own rules and not those of your local court. As surprising as it may sound, Midland Funding are well known for not complying with lawsuit codes and even more so for not providing, or even having the evidence they need to prevail. This will only be discovered, however, if someone investigates their claims.

    For example, a well-known condition is that the statute of limitations should be in date. Any contract, oral or written, has a set amount of time before it becomes too late for a party to sue. Each state differs in the time allowed and considering that in some states it is as low as 3 years, it may be likely that your debt is too old. However, unless you check that yourself, no one else will. The Defendant’s package will help you take the necessary steps if you discover that your statute of limitations is out of date.

  • Follow procedure and show-up
    Before your case may even get to court, you may be required to attend mediation, where an independent arbitrator tries to help you and Midland Funding reach a mutually acceptable agreement. You may also be asked to appear at a pre-trial conference.

    In both cases and as with the trial itself, it is essential that you are present. If you miss any of these phases, a judgement will be filed against you. Do not make it so easy for the junk debt buyer. Always make sure that you fulfil your obligations and don’t give them any reason throw any additional accusations in your direction.

    You may well find that it’s Midland Funding themselves that drop the ball and fail to attend. They like to concentrate on cases that are easy to win, so once they realise that someone wants to stand up for themselves and fight, the incentive is reduced.

  • Don’t be intimidated!
    Do not expect Midland to give up easily. They will use numerous tactics including harassment and threats to try and break you. Do you research and check if they are in breach of harassment laws set out by the FDCPA.

Ultimately, take courage and remember that, with good preparation and research, you can succeed against these unethical bullies.

The Defendant’s Package can help you prepare even more thoroughly for your Credit Card Lawsuit.

How to Fight Midland Funding

An increasing number of consumers have reported that they have received a summons from the company Midland Funding. If you are one of them, it is likely that you don’t recognize this company. So, who are they?

They describe themselves as ‘one of the nation’s largest buyers of unpaid debt’ but those in the business refer to companies like these as Junk Debt Buyers. These companies buy old debts from banks and credit card companies for next to nothing with the hope of pursuing the debt and collecting payment.

We might imagine that you owned a credit card five years ago but you fell into some financial trouble and couldn’t pay your bill and so defaulted on payment. Your credit card company chases you for the payment for a while, maybe even for a few years but you are unable to pay. The credit card company eventually gives up and charges off your account. They may be able to put it down as a tax loss. As the debt is still valid, the credit card company sells off the debt, for pennies, to a company such as Midland Funding. Now, the junk debt buyer will pull out all the stops to collect that money.

So, now you understand who is suing you, you need to know how to fight back them. That, in itself is your first step.

Decide to Fight

These junk debt buying agencies buy thousands of debts hoping that they can simply sue and collect. Receiving a summons is greatly intimidating under any circumstances and most people assume they are the underdog so they roll over and submit. Midland doesn’t expect you to fight or know anything about this kind of lawsuit, so they don’t plan for that.

An important factor in this is that the burden of proof is with the plaintiff. That means that the Midland Funding has to prove everything and have evidence to back it all up. Surprisingly, this is something that they consistently struggle to do.

What’s more, with so many consumers deciding not to fight, the junk debt buyers would rather just sit back and collect from the easy cases rather than spend time and manpower chasing a few thousand dollars.

Answer Your Summons

However you decide to play it, it is vital that you respond to the Summons and submit an answer on time. If you ignore it or present it late, then the junk debt buyer will receive a default judgment against you, meaning that you lose and giving them the chance to garnish your wages and clean out your bank accounts. Again, this is what they hope for as it means little or no work on their part and it will be over before it has even started.

When reading your summons, pay close attention to the deadline given. Some states will give you 20 days, others will allow 30 days in order for you to answer you summons.

The Answer

As part of your answer, you will need to admit or deny their allegations one by one.A word of caution when answering your summons: be very careful not to incriminate yourself by admitting the debt. Yes, you may have defaulted on a credit card but remember that they have the responsibility to prove that. If they cannot provide the necessary documents as evidence that you owe this exact amount, then they cannot prevail.

If you are having difficulty completing your answer to the summons, The Defendants package has clear instructions, tips and examples that can help you submit an answer.

Your keys to success

Your success in the court case ultimately comes down to how much homework you are willing to do. You are going to need to research your local court rules as well as your state rules to help you win.

As we have previously mentioned, the plaintiff has the burden of proof and for them to win, they need to prove several things to you and the court.

  • Check Statute of Limitations

    This means that you need to check if your debt is too old to be sued on. Any contract has a given amount of time before it becomes too late for a party to sue. Each state differs in the time allowed and considering that in some states it is as low as 3 years, it may be likely that your debt is too old. Of course, they hope that you don’t notice that.

    If it is too old, you may submit a motion to dismiss a long with your answer.

  • Affidavit

    The complaint that you received with your summons is nothing more than a list of allegations. Any individual or company could accuse someone of the same thing. 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 is not real proof.

    Midland cannot testify to a statement from another company is not official nor compelling. If this is the case, you could file a motion to strike the case as hearsay.

Don’t be Intimidated

These companies will try devious and underhanded tactics to get what they want and to bully you into surrendering. In most cases, this is all that they have – aggression. If they don’t have any dependable evidence that is not based on hearsay, they have very little else to stand on so they resort to bullying and harassment.

Familiarize yourself with the codes of practice outlined in The Fair Debt Collection Practices Act (FDCPA) which was created to protect consumers from these unethical methods. Also, remember that the best defense is a good offense, so throw everything you have back at them and show them that you are not ready to lie down and surrender. The Defendants Package has been specifically designed to help you fight back.

Beating Midland Funding in Court

I was reading around on the Internet tonight and I read an interesting post on a message board in regard to Midland Funding Collection lawsuits and had to post it.

I thank the poster and will keep their message board ID confidential.

Here is that post:

My county holds civil court once each week on Monday. At 9:00 a.m. they list all of the cases where people have been sued and give the defendant the chance to admit the debt or deny it.

Most end up as defaults, either because the defendant is a no show or because they admit the debt.

If they deny the debt, they are set for the 10:00 a.m. docket at a future date to give the parties time to prepare for trial. I post here when I see something that I think is relevant.

These are my observations from the 10:00 a.m. docket this week:

On the cases handled by Mann Bracken and set for trial, all were dismissed. I suspect that they could not obtain the evidence from the original creditor.

One feisty woman that I remember from court a couple months ago said then that she owed the original creditor, but did not owe Midland anything because they purchased the debt and she had never done business with them. Her case was dismissed just before it was to be tried. I assume they had no proof of the debt nor the right of Midland to collect on it. Mann Bracken was the attorney.

Of interest, Midland had three different attorneys representing them. Almost all the other junk debt buyers use only one attorney. Another Midland attorney kept telling the judge he had no records to prove the debt. On the trial docket, he dismissed all his Midland cases.

All of this is consistent with what I have read here. The junk debt buyer attorneys are not prepared to go to trial because they don’t have the documents. In six months of watching court most weeks, I have only seen one junk debt buyer case go to trial, and that is last week when they had a confirmation of an arbitration decision and had the paperwork.

The lesson learned here is to ask for a trial.

The other lesson here is that if you get sued, go to court and watch, you know what to expect. It is not scary at all.

Midland Funding LLC Mann Bracken LLP Lawsuit

Midland Funding LLC and Mann Bracken LLP face a class action in Federal Court in Marshall, Texas, accusing them of violating the Fair Debt Collection Practices Act.

Additional Information

  • avatar Luke Easter

    “Debt Collectors, Debt Collection Law Suits, PayDay Loans

    You’ve received a letter with 30 days to respond, don’t wait,
    The most important word to you right now is this, “Validate!”
    Unless they can prove any claim that will stand up in court,
    Then they have to remove the entry from your credit report.

    Or, you’ve just received a summons you’d like to forget,
    You’re being sued by a debt collector for credit card debt,
    Well relax; don’t get excited because you do have rights,
    Get ready, now’s the time to roll up your sleeves & fight.

    The Law of Equity,7th Amendment of The U.S. Constitution,
    And this is just the beginning of your defensive resolution,
    This country was founded? Let me put you in remembrance,
    An article we know as, “The Declaration of Independence.”

    These are just parts of your rights & defense, some not all,
    There is a violation of Federal R.I.C.O. & Civil RICO Law,
    A so-called, “valuable consideration” cannot be a mystery,
    Your right to know the amount paid. Why? Criminal Usury.

    Alleged debt is 10k but their purchase price was 100 bucks,
    In Ohio they cannot charge more than 5%, so lots of luck,
    Because your contract was with whomever, not with them,
    Hey don’t panic because this is how the process will begin.

    Midland Funding LLC is notorious for filing claims in court,
    However, without a valid written agreement they must abort,
    Research Case NO 3: 08 CV 1434, Document 50,08/11/09,
    U.S. District Court Judge David Katz ruled against, here’s why.

    Midland Funding LLC v. Brent, et al. the Ohio court did find,
    The affidavit, documentation was not properly, legally signed,
    Midland violated both the OCSPA & FDCPA trying to collect,
    And at an interest rate higher than allowed by law for said debt.

    “Volenti non fit injuria” is a legal term meaning assumption of risk,
    Ohio Fair Debt Collection Practices Act § 1319.12. Requirements,
    A signed written agreement & monetary consideration shall state,
    And in addition it shall expressly authorize with an effective date.

    Encore Capital Group and others like them are, “Junk Debt Buyers,”
    Paying less than a penny then charging you up to 100 times higher,
    So, FYI there have been many lawsuits filed against them and won,
    Requesting, “summery judgment” does not mean it is over & done.

    Do not let lawyers push you around, respond and don’t be moved,
    They claim validity with credit card receipt copies, make them prove,
    You can’t buy groceries, clothes or gas with a copy of a $20.00 bill,
    The law is the law and it works both ways, when they Jack you Jill.

    Surely it’ss probably the biggest unknown consumer credit card fact,
    When sued you have the right to request a copy of the original contract,
    Why are there are so many judgments? Da! We have to know our rights
    They’re default judgments because you don’t show up in court and fight.

    Remember, this is just a partial list there is so much more you bet,
    Do your own investigation, a plethora of sites are on the Internet,
    Don’t allow these crooks to illegally use the legal system for pay,
    Make them understand, if it is hardball they want, two can play.

    Co to court, pursuant to the FDCPA Act § 803.4 and make them prove,
    By not being the original creditors they must establish dealings with you,
    Since they are not, their records are immaterial, irrelevant and hearsay,
    It will take some effort on your part but it’s worth it to make it go away.

    You received a letter; okay demand a “Debt Validation” here’s the deal,
    Respond within 30 days or they will assume the, “alleged” debt is real,
    If you’re at the summons/subpoenas stage there’s still plenty of time, or, online.

    Don’t forget they’re the Plaintiff you’re the Defendant so you defend,
    As aggressive as your adversary without backing down, you will win,
    It is not England in the 17th Century it’s America no need to escape,
    That tyrant King George III is not The President of The United States.

    When Law Enforcement violates U.S. Constitution Amendment #4,
    The case is thrown out and criminals routinely walk out the door,
    “Junk Debt Buyers” falsely make claims & defendants pay more,
    Any wonder why the rich stay rich while the poor remain poor?

    Bad enough that high interest rates create billionaires on the backs,
    Of the hard working majority who are faced with all kinds of attacks,
    Why do most judges allow this injustice to continue go to through?
    Uh, a leopard doesn’t change its spots they were once lawyers too.

    Midland Funding LLC & subsidiaries of Encore Capital Group Inc,
    Isaiah 1: 17, simply put their Gestapo tactics & criminal ethics stink,
    An injunction was issued now they can no longer demand by lies,
    Monies at a 1,000% rate destroying freedom and mom’s apple pie.

    It’s obvious that consumers are unaware of this very important fact,
    Accounts now uncollected are charged off on corporate income tax,
    The debt has become alleged because it is no longer the full amount,
    So, law firms and collectors are banking on your inability to count.

    This is an unjust practice and by law it should be labeled as corrupt,
    Forget the lobbyists isn’t it time for our elected officials to stand up?
    We have, “Certain Inalienable Rights” no “junk debt buyer” can deny,
    Written documents, “Founding Fathers” based freedom on that’s why.

    You’ll demand, “FDCPA Debt Validation” they’ll send a stack of copies,
    This is when you will know, not think, their game is getting very sloppy,
    Demand! It is your right to demand verification by FDCPA section 809,
    Read it since it’s at this point they legally have to stop wasting your time.

    Remember that unscrupulous nation we hurriedly sailed away from?
    Well, don’t look now but Centuries later has America now become?
    By predatory mortgage lending practices, citizens loose their homes,
    As soldiers fight overseas their spouses fall victim to PayDay Loans.

    With all of these exceedingly high interest rates where is Uncle Sam?
    Not only by their own Government but by con artists being scammed,
    Congress, House, Senate should be doing more not less than they can,
    Oh, if elected officials put their lives on the line then they’d understand.

    Why, when everything points to doing more they seem to do the least?
    And instead of coming across as a “Beauty” they raise up as a “Beast,”
    Even Elizabeth has declared a 10-year pay freeze and she’s the Queen,
    Ha, and we have elections but act like we’re still pawns under the King.

    A Supreme Court ruling reiterated the constitutional right to bear arms,
    06/28/2010, striking down a Chicago law leaving us susceptible to harm,
    So, how much longer will these financial institutions continue to prevail?
    Every single one found guilty of ‘any’ wrongdoing should end up in jail.

    Really nothing much to say in defense of the leaches at Pay Day Loans,
    Except to sit down, restructure needs verses wants, to leave them alone,
    But against blood sucking debt collection companies how can you fight?
    When you fail to take advantage of laws and understanding your rights.

    Now they have file for a Summery Judgment, what shall you reply?
    Here are two to be used as following legal defenses are reasons why,
    Check this ok, “Lack Of Standing” and “Lack Of Legal Sufficiency,”
    Violating the FDCPA, that is none other than, “Unclean Hands” # 3.

    In Ohio along with District Court Judge David Katz there’s the, OAG,
    As the state also filed an injunction citing a, “false affidavits” legality,
    Supreme Court says a false one is worse than none at all as their decree,
    CV-10-5132-LRS Eva Lauber & other Plaintiffs v. Midland Funding LLC.

    Finally, the United States Constitution has your citizen rights guaranteed,
    “Certain steps are required before depriving us of life, liberty, or property,”
    The 14th Amendment, “fundamental rights” we have “due process” by law,
    And as consumers you have protection not from some of these but for all.”

Citibank Credit Card Lawsuit

When it comes to receiving credit card lawsuits, there are debt buyers who will present a case, and then there are credit card issuers that will present a case. The main purpose of both companies when filing a suit is to get judgment against the consumer. They would like to have all the money stripped from the debtor in hopes that he/she won’t even respond to the Summons and just ignore the lawsuit. If the court Summons is ignored the debt collectors can garnish a person’s bank account, take their savings and sometimes even their assets once judgment has been issued.

Here are a few of the Facts regarding Citibank:

  • Citibank is the largest international credit card issuer and largest bank in the country
  • Citibank offers some very appealing credit cards
  • When customers sign up for a Citibank credit card they have no intention of defaulting
  • Citibank is known to sue cardholders shortly after only missing a few payments
  • The credit card company has formulated a system that allows them to sue their clients at a much lower cost than most creditors
  • Defendants can protect themselves under the FDCPA (Fair Debt Collection Practices Act) for unfair and deceptive collection practices

Within recent years Citibank, one of the largest global credit card issuers, has been called out on participating in some unlawful practices when dealing with credit cardholders. There was a federal class action lawsuit claiming that Citibank induces cardholders into paying for charges that they are not even obligated to pay according to their contract. Citibank achieved this by falsely misrepresenting that the cardholder only has 60 days to dispute a charge. Customers that find Citibank’s credit card services unsatisfactory have the right to dispute the charge and not have to pay the remaining amount on their purchase according to the contract. However, most customers have been under the false representation made that they must pay for the purchase. Then Citibank tells them that they’ve waived their right to withhold payment to the credit card contract.

Despite the unlawful practices like unjust enrichment, breach of contract and breach of implied covenant of good faith and fair dealing, consumers going up against debt lawsuits should be aware of the tricks when fighting their own case.

Usually high costs are associated with taking legal action against customers for the typically bank or creditor, but with the system that Citibank has devised they are able to sue their clients at lower cost than most.

It has been stated that Citibank will sue any and everyone, every chance they get. (I know of a District Attorney who has been sued by the credit card company also.) As the original creditor, Citibank will usually hire local attorneys and file a lawsuit against the card holder for their unpaid balance and include plenty of fees. However, most collection attorneys are not suing under the name of the bank – Citibank. They likely bought the account/debts months prior from Citibank and just use the bank’s name as the plaintiff, which is unethical. Defendants can protect themselves under the Fair Debt Collection Practices Act by suing for unfair and deceptive collection practices and pointing this out to the judge. A Motion to Dismiss might also be appropriate in such situation. Everyone’s situation is unique.

Once the bank realizes that the defendant means business and sees that their name is involved with the misrepresentation made by the collection attorney they will claim to have no interest in the matter and move to dismiss, leaving those attorneys high and dry. It is important that any consumer who decides to defend himself in a credit card lawsuit, go over all of the Court Rules and be aware of his rights. A detail like this that many defendants might overlook or not even consider could get the entire case thrown out if caught and brought to the court’s attention.

As of two years ago Citibank became the largest bank holding company in the country. Citibank is the largest international credit card issuer having expanded its global reach to more than 90 countries. This could definitely cause some intimidation among customers who receive a debt lawsuit Summons for their credit card account. Luckily, when it comes to the Court of Law, the size and reputation of a company won’t matter as much if they are breaking the law. One must know their rights and their local statues so that justice can be served. Winning a credit card lawsuit against Citibank may seem tough and take some work and extra effort, but it can be done. If possible go after those debt collectors instead who are usually “representing” Citibank. It could be easier to get a settlement or get the case dismissed.

Additional Reading

How To Beat Credit Card Debt Lawsuit

When receiving a credit card lawsuit from a debt collector, defendants must be sure to respond to the lawsuit by the date specified in the court papers to preserve their rights. Debt collectors will contact a person for two reasons: if debtor is behind in paying bills or the creditor’s records mistakenly make it appear that a consumer is behind on payments.

After a debt collector first contacts a consumer, they must send a written “validation notice” within the following five days telling the person how much money they owe. This notice should also include the name of the creditor to whom the money is owed and how to proceed if the consumer doesn’t think they owe the money.

Credit Card Complaint

Whenever receiving a debt Summons, a credit card Complaint should be found attached. The credit card Complaint should list numbered paragraphs with each paragraph stating a count against the consumer and listing facts per the creditor. After receiving the Complaint the defendant needs to answer his Summons using each paragraph with a denial or admission and then list their affirmative defenses. (link to defenses) After having answered the Summons with affirmative defenses, the consumer would file it with the court, send a copy to the plaintiff certified mail and keep a copy for his own records. Again, the credit card Complaint will list the creditor’s reasoning’s set in paragraphs of all the counts and facts that they have against the Defendant.

Interrogatories to Credit Card Company

Interrogatories are written questions that a party may serve on any other party which must be answered in writing or under oath. They are the most useful means of asking simple, unambiguous questions, obtaining basic information like witness names or verifying facts underlying a vague or indefinite statement in pleading.

How To Answer Interrogatories

Failure to answer the interrogatories regarding credit card debt or any lawsuit can result in a contempt charge from the court. Here are some steps in answering the interrogatories for a credit card lawsuit:

  • Before answering the first question, carefully review all the questions listed. Up to 25 questions can be listed by each creditor. Expect questions regarding employment, living arrangements, monthly expenses and bank account information.

  • Answer each question truthfully with basic answers. If a question does not apply, write “N/A” in the provided space, letting the creditor know that the question was not skipped. “N/A” also shows a refusal to answer. Making an objection to a question listed on the interrogatory requires permission from the court not to answer.

  • Locate the court address on the form and return the completed interrogatories within the allotted time frame. The interrogatory form should state how many days are allowed to submit the answered questions, and typically the time frame will vary from 10-30 days. Be sure to get two certified copies from the court.

  • Mail one certified copy to the creditor, and keep one certified copy for personal records.

Credit Card Lawsuit Scam

Personal Experience:

I took out a credit card and the collection agency did not attach any proof that I now owed them money. I did not take the credit card out with the collection agency; I took it out with original creditor so I owed the creditor money, not the debt collectors. For this reason I denied the suit. The Collection Agency suing me didn’t attach any type of evidence that I owed them money. There was no Chain of Assignment provided or proof whatsoever that I owed them money as opposed to the original creditor.

The amount of money that the debt collection company had listed was unreasonable and inaccurate. Plus there was no proof to assist it. Victory was mine just because I knew my rights and knew exactly what to look for in the documents. Without proof there is no case. I have won more than one of these credit card lawsuits, and with top debt buyer companies and banks. Apart from Capital One, all of my lawsuits had nothing, and I still beat Capital One too. These companies just wanted to buy tons of defaulted credit card accounts, hire a lawyer and make some profit.

If a collection agency wants to buy defaulted accounts they need to prove that they purchased the account as well as the amount they are suing for. Defendants have to watch these amounts, and make sure that they are listed accurately. Everything must be proven.

Consumer Debt Lawsuits

Credit card lawsuits are civil cases. Because consumer debt lawsuits are not criminal cases they won’t result in jail time. Despite the harassment and threats made by debt collectors and aggressive layers a debtor won’t go to jail f or this kind of lawsuit. Some people will end up paying more than they really should because they get scared or intimated by collection attorneys and are unaware of their rights. Without the properly knowledge the average consumer will find it hard to imagine themselves having a winning chance over these savvy attorneys or even be able to overcome the debt collectors. Opposing attorneys will try to get the answers to more questions than are necessary and of course more money than is required.

Unless proof of valid assignment is present it is rare to see a third party debt collector sue a consumer. Original creditors need to initiate the collection lawsuit or provide the debt collector with the assignment or else they will have a very difficult time legally forcing the consumer to pay the so-called “money that is owed”. Sure, the attorneys hired by collection agencies may be very well-trained in their field. However, the same attorneys know the little tricks and gimmicks for handling consumers who don’t know how to defend themselves. If applicable, the defendant should let the judge/court know that the creditor never had them sign a valid contractual agreement with them and force the creditor to prove that they loaned the money which was in the bank or creditor’s possession before the supposed loan. Learn as much as you can to go up against these attorneys and fight the credit card case. Winning is so achievable with the right resources. One extremely helpful resource that will walk consumers through the entire Summons process is The Defendant’s Package. Keep exploring the site for more information on how to beat these junk debt buyers.

The Defendant's Package

Additional Reading