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Defending Yourself Against Midland Funding

Regrettably, the name Midland Funding is becoming increasingly recognizable across the United States and as they serve scores of summonses 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 your 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.

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