Yes, this article is here to stop you from making some mistakes when sued by Midland Funding, but I like to get my definitions in order before starting in on the advice. For example, lest anybody be confused about my point of view, here are a couple of handy definitions about Midland Funding, LLC and its parent company, Encore Capital Group.
- Midland Funding, LLC
- An abusive debt collection firm that engages in the bulk purchase of defaulted consumer credit card debt. Midland Funding, LLC is owned by Encore Capital Group.
- Encore Capital Group (NASDAQ: ECPG)
- A predatory financial institution that operates through a number of owned companies, including Midland Funding, LLC, Midland Credit Management, Inc. and others. Cumulatively, these companies constitute a super-predator that has become a finance industry power house by exploiting consumers through immoral and illegal litigation mill tactics. These tactics primarily depend upon consumers remaining ignorant and failing to properly respond when sued.
Repeat After Me: “Midland Funding Sued Me”
If you just found this page, then you probably also just found out you’ve been sued by Midland Funding, LLC. It is nothing to be ashamed of, so sing it out loud and proud, “Midland Funding sued me!” They file so many lawsuits the odds of being sued by Midland Funding are shockingly high if you are an adult in California and have ever had a credit card. The only shame, would be in making the mistakes listed here, thereby letting the scoundrels get your money.
There are thousands of similar debt collection lawsuits filed against consumers every month in California by banks, credit card companies and of course debt purchasers, such as Midland Funding, LLC. Unfortunately, consumers often respond to these lawsuits with an avalanche of avoidable — and costly — mistakes. You can do better.
By the way, if you’ve come to this page from anywhere other than California, you’ll want to check out my Consumer Law Coach, which I started to help to spread access to a nationwide network of like-minded consumer protection attorneys, so here is link to the Consumer Law Coach page on Midland Funding LLC.
Avoid These Five Mistakes
Below are the most common mistakes when sued by Midland Funding, if you avoid these you’ll be WAY ahead of the game:
Failing to File a Written Response With the Court Within 30 Days of Being Sued by Midland Funding
When people get served with a stack of legal papers and freak out and panic instead of reading the papers. Here is what they miss: The first full paragraph on the summons says in part “the court may decide against you without your being heard unless you respond within 30 days.” And so it is. If you don’t file a properly formatted response within 30 days, the debt collector can easily obtain a “default judgment” against you almost immediately. File a timely response.
Filing a Response When You Are Sued by Midland Funding, that Says Way Too Much (of All the Wrong Things)
It’s sort of the opposite extreme from the people who ignore the problem entirely. People who make this mistake, seem to assume they are obligated to vomit a confessional of their entire financial history into the public court record, including an often erroneous admission that the debt collector is entitled to every penny they asked for. The fact is, there is usually no way to know precisely what the debt collector is legally entitled to, without seeing the underlying documentation. What should a proper response say? That will be the subject of another day.
Failing to Respond a Request for Admissions Served by Midland Funding.
During the course of a lawsuit, there is something called “discovery” which is a formal opportunity for each side to give written requests for information to the other side. A lot of consumers think that if they receive such discovery requests for information, it is something they can blow off. Indeed, it is very tempting to blow it off, because responding to discovery requests can be a big hassle. However , there are consequences to ignoring discovery requests. The biggest consequence concerns requests for admission: If you ignore requests for admission, the debt collector can ask for the court to “deem admitted” anything that they were asking you to admit. Normally, this involves “deeming admitted” every fact that the debt collector needs, to get a judgment. Information on how to interpret and respond to requests for admission, is a topic I hope to cover in a later post.
Making a Payment on a Debt That is in Litigation.
If you were sued by Midland Funding on a credit card debt, that means Midland Funding is already trying to beat you up anyway, so there is no point in giving the bully your lunch money. Half the time, consumers were already trying to work with the creditor before getting sued by Midland Funding. Then they got sued anyway. Once Midland Funding sues you, make them pry it out of your dead hand if they want it. If you feel you must negotiate an end to the hostilities, then do so in a way that resolves the debt and the case, and then you pay in accordance with the resulting written terms. You certainly have no reason to pay Midland Funding any money you receive a written guarantee such payment will make the problem go away.
Failing to Object When Midland Funding, LLC Relies Upon Inadmissible Evidence in Court.
Frankly, it’s difficult to coach you on this one in a short blog post, but the bottom line is this: Probably the majority of the evidence that Midland Funding relies upon in court is objectionable and would be excluded from consideration by a competant court if only the consumer made the proper objections to evidence.
Hopefully, this will help you avoid some blunders.