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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 conscientious with regard to checking 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.