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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 judgment against you.

    This may sound like nothing more than a slap on the wrist, but it is much more. A default judgment 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 judgment will be filed against you. Do not make it so easy for the junk debt buyer. Always make sure that you fulfill your obligations and don’t give them any reason to 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 realize 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 your 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.