If you’re one of the millions of Americans battling debt collectors, you’re probably too familiar with Midland Funding LLC.
This notorious debt collector has a reputation for filing lawsuits against consumers who cannot pay their debts.
If you find yourself in this situation, don’t panic! There are ways to beat a Midland Funding LLC debt lawsuit.
This post will discuss Midland Funding LLC and its modus operandi. We will also talk about strategies you can use to win a Midland Funding LLC debt lawsuit. After reading this post, you’ll be able to deal with Midland intimidations and other debt collectors.
What is Midland Funding LLC?
Midland Funding LLC is a debt buyer. They purchase debts from other companies, usually for pennies on the dollar. They then attempt to collect the full amount of the debt from consumers.
The company is a wholly-owned subsidiary of Encore Capital Group, Inc., one of the largest debt buyers in the country.
Midland Funding LLC is notorious for its particularly aggressive debt collection tactics. They have been known to sue consumers for debts that are statute-barred or too old to sue for.
Midland Funding LLC Business Model
Midland Funding LLC’s business model is simple: Midland Funding purchases debt from banks, credit card companies, and other lenders. The company then uses various methods to collect the debt from consumers, including phone calls, letters, and legal action. Midland Funding has a team of lawyers on staff to file lawsuits against consumers who owe the debt.
While the company’s tactics may be aggressive, they are often effective. In many cases, consumers will either pay the debt to avoid going to court or default on the debt, which will allow Midland Funding to obtain a judgment against them.
When Midland Funding sues a customer, part of their tactic is that the customer will unlikely show up in court. When this happens, Midland Funding is almost always awarded a default judgment. A default judgment is a court order that requires the consumer to pay the debt, plus interest and legal fees.
In some cases, Midland Funding has been known to garnish wages or freeze bank accounts to collect on a debt.
How to Win a Midland Funding Debt Lawsuit
If you’re being sued by Midland Funding LLC, don’t despair—it is actually easier to answer a debt lawsuit than you think.
Specifically, most debt collectors, Midland Funding included, do not have the proper documentation to prove that you owe the debt. So they aren’t actually ready to prove their case against you in court.
So what does this mean for you? If you show up to court and challenge the debt, you’re likely to win your case, and the debt will be dismissed.
Next time Midland LLC or any other debt collector sues you, don’t be tempted to ignore the lawsuit. Remember, this is just part of their strategy to get you to default on the debt. This means they can garnish your wages or freeze your bank account.
How will you show up in court against Midland Funding LLC?
Of course, you can’t just walk into court and expect to win your case. You need to have a solid defense.
In response to the lawsuit, the court will require you to file an “answer.” An answer is a document where you respond to the allegations made by the plaintiff (in this case, Midland Funding LLC).
In your answer, you should admit or deny that you owe the debt. You should briefly state the reason for your denial. Additionally, you should raise any defenses you have to the debt. For example, if the statute of limitations has expired, you can use this as a defense.
To be specific, here are three things you should do in your answer to a Midland Funding LLC debt lawsuit:
1. Deny or admit all allegations: You should go through each paragraph of the complaint and either admit or deny the allegations.
2. Raise any defenses: If you have any legal protection against the debt, you should raise them in your answer. You can use several reasons, for example, if the statute of limitations has expired, if the debt is not yours, or if you have already paid the debt.
3. Mail your answer to the court on time: Once you have completed your answer, you must file it with the court and mail a copy to Midland Funding LLC. Be sure to do this within the time limit set by your state’s law.
If you follow these steps, you’re well on your way to winning your debt lawsuit. Remember, the burden of proof is on the debt collector, not you. They need to prove that you owe the debt.
What If I Haven’t Been Sued Yet?
Sometimes Midland Funding LLC won’t sue you right away. Instead, they may send you a collections notice. The collections notice is simply a letter demanding you pay the debt.
When you receive a collections notice from Midland or any debt collector, the best thing you can do is respond with a Debt Validation Letter. This letter has two effects:
1. It protects you from being sued: Midland cannot sue you if you dispute the debt in your Debt Validation Letter. They must first provide validation of the debt.
2. It puts the burden of proof on Midland: Once you dispute the debt, Midland must prove that you actually owe the debt. This is not an easy task, and often times they cannot provide this proof.
Do Not Be Intimidated by Midland Funding LLC Lawsuit — Fight Back
As we’ve learned, it is part of Midland Funding’s strategy to intimidate consumers into paying their debt. They will often sue customers in hopes that they won’t show up to court.
But don’t be their victim. If Midland Funding LLC is suing you, remember that you have rights. The best way to protect yourself is to show up to court and defend your case. However, if you’re wary about this, you can consider seeking the help of a consumer rights attorney.