You’ve received a lawsuit from Midland Funding, LLC or Midland Credit Management. Panic sets in—what should you do? Here’s a step-by-step guide to navigate this stressful situation.
Understanding Midland Funding
Midland Funding is a “junk debt buyer,” purchasing thousands of credit card accounts monthly for pennies on the dollar. They own the debt and are not acting on behalf of the original creditor.
First Steps if Sued by Midland
- Get Your Credit Report:
- Obtain a current copy from AnnualCreditReport.com. Avoid other sites that offer inaccurate reports.
- Check for the Midland Funding entry. Verify the date of the last payment, the final amount, and the original creditor entry.
- Analyze the Credit Report:
- Ensure all details match. Discrepancies might indicate a debt collection violation.
- Contact a Consumer Attorney:
- Do not contact Midland directly. They are the opponent and aim to serve their interests, not yours.
- Call a consumer attorney for a free consultation. Experienced attorneys can guide you through your options and often recommend defending the case rather than settling.
Why Not Handle It Yourself?
- Midland often lacks the necessary evidence to win in court. Experienced attorneys can exploit this lack of documentation to your advantage.
- Without proper legal knowledge, you might make mistakes that could turn a potential win into a loss.
Why Midland Sues Without Proper Evidence
- It’s a numbers game. Midland expects most people to either pay out of fear or ignore the lawsuit, leading to default judgments. Only a few seek legal advice.
How to Beat Midland in Court
- An experienced consumer attorney can handle the hearing without your presence, preventing Midland’s attorney from cross-examining you.
- Attorneys can challenge Midland’s documentation and evidence, which often falls short of legal requirements.
If a Judgment is Made Against You
- If Midland gets a judgment, they may attempt to garnish your wages or bank accounts.
- Consult with a consumer attorney to explore options for vacating or re-opening the judgment.
Final Recommendations
- Be Proactive: Respond to the lawsuit promptly with legal assistance.
- Seek Expert Advice: Contact a consumer attorney for a free consultation to understand your rights and defense options.
- Avoid Direct Contact with Midland: Anything you say can be used against you.