Midland Funding LLC – How do you deal with this collection agency?

do they have a legit address and phone number to contact them directly? i'd like to speak with someone there on a matter, and can't seem to get their contact information.

thanks

Don't make bills you can't pay.

My husband has a bill with aspire visa through midland funding and they've taken money from his bank account!!! How can we stop this!!!

Most (if not all) of the people here were able to pay all their bills on time with little/no problem. Sometimes people fall on hard times, their hours get cut, they get laid off, people get sick/injured or even die (death in the family; funeral costs are vicious these days) in short, things happen. Most of the time you never see them coming.

I used to work in EMS and I only made about $7/hr but I put in insane work hours. My base schedule was 8am-6pm We rarely ever got off on time, sometimes hours after we were scheduled off (if your getting ready to end your shift, other trucks are out and a 911 call comes in you have to respond) on top of that I would pick up additional shifts (work the back half of a 24 hour shift where I would clock out at 6ish then clock back in to work until 7am the next day just to clock out and back in an hour later. The most I've ever worked in one week was 168 hours (that is a week straight always on the clock) which comes up to about $1624 before taxes (which rapes your paycheck from all the overtime. trust me) Needless to say I was pretty well off financially. On September 1st of 2006 I was coming home from work when I got rear ended by a pickup at 48 mph while I was at a complete stop. That caused some spinal injury to say the least. With my current condition it is very difficult to find a job that will accommodate my injury. It has taken me almost a year to mostly recover but I am still limited to lifting/stooping how long I can stand or even sometimes sit. During this time to say that I feel behind on my bills is a understatement. Don't be so quick to judge people.

SO...I received a letter looking similar to a court order but NO judge signature..just the lovely lawyers of midland llc. I called them trying to set up a payment agreement being as it's some card that came back to haunt me that i forgot about from 6 yrs ago. I told them at the time I could pay $35 a paycheck ( I get pd 2 times a month). They informed me that that was unacceptable....i HAD to pay $100 every 2 weeks. So Of course life kicked in and 3 weeks later which would be today....I noticed that BOTH my bank accounts had very large levy's on them. Keep in mind I only owed $646.41 after the huge interest. Both of my accounts are being held $11,712.52. I am so sick over this. How the hell did they get THIS figure...which with 2 accounts comes to $23,425.04 !!!! I ONLY FOUND THIS OUT BY DEPOSITING ALL MY MONEY INTO MY ACCOUNT TONIGHT TO PAY MY BILLS!!!! And of course it's Saturday night..so I'll go broke until God knows when.....Someone Anyone Help

And.....not to mention my tax returns will be deposited into my account on Thursday...give or take a day......feel like I can't breath............................................ ..

Hi Gloria--

The first thing I would do is check to see if the "court order" is real. Check with the court that they claim it came from--the only way to legally take the money from your account is if they get a judgment against you, or if you give them your permission to take money from your bank.

Call the court clerk's office in the county you live in--they will be able to tell you if you have a judgment against you there. If the court order they sent you is from a different county, then check with that county. It should say on the page where it comes from. If it is not in the county where you reside, then petition the court that it came from to vacate the judgment due to improper venue. They are not allowed to file suit against you in some other county in the hopes that you wont know about it--and they would thus get a default judgment when you didnt show up. That is illegal. So, if they did it you can get it reversed.

OK, if you find that there was a judgment entered against you in your county, and you were never served summons to appear, then you need to file a motion to vacate the judgment on the grounds of improper service. They must, by law, notify you and report back to the court that they notified you. The plaintiff must show proof to the court that you were duly informed. If you were not, then they just lied to the court. For more info on how they are required to serve you the summons, check your state's "rules of civil procedure".

If you find that they never took this to court, you must immediately contact your bank and file a fraud complaint. Tell them that the money was illegally withdrawn without your permission and without a court order to do so. Then, notify your state's attorney general's office and file formal complaint there too--good idea to file one in the AG's office in the state that this particular collection agency operates out of as well. But your bank should be able to put a stop to that and get the money back if they had no legal right to touch it.

One more thing--what state do you live in, and do you know anything about this debt? For example, when was the last payment made by you on the account? It is possible that the debt is outside the SOL, and if it is, then you can use that to your advantage.

Sky you also have to realize that sometimes these law firms try to just pass the levy off to the bank on their word, without a judgment. (even though it can't be legally done because of that whole due process thing)

I too have worked in the HR/payroll field and finsfan is correct in the fact that consumer debts are 25%. Another thing to remember with Writs of Garnishments there is usually a minimum of 20 days before the garnishment is put in effect. The employer is required to file an answer to the writ and in most cases this gives the employee time to rectify the situation.

In most cases, your payroll department should notify you when it is being implemented. That has been my experience. Sonic Payday attempted to put through a wage assignment through my payroll department, and I was notified and able to cease this before it went through.

yeah JCEMT, I know, I addressed that up there when I mentioned my thoughts if she finds that they never took this to court. After all, it is Midland, and they are slightly lower than the fuzzy green stuff that forms on pond scum....Somehow I think that, based on what she said, that this is fake. Hopefully she'll get back to us and let us know.

hey guys....ok....so now.....i realized that this was my sisters levy.....and she is on one of my two accounts.....so my personal acct wasn't touched....it was the joint account and her personal acct. BUT she was never notified at all......nothing....this is why we figured it was my levy. when speaking to the levy dept. at my bank sure enough found out it was the infamous rubin and rothman at it's best. but I had realized my tax refund was going into the joint account this week....my sis never uses the joint account.....it was from before she had her own. so i contact all the people i needed to and informed them of the situation and was told to contact the bank in Santa Barbara, Ca...where the checks come from. So I speak to a Stacey #198 at the bank and tell her this is not my levy and i have documentation proving that. All I had to do was fax them my ID, SS Card and Voided check from the account I WANTED the refund in. SO I do all of this on Monday morning, spending the rest of the week watching my accounts like a nut....still hoping Rubin and Rothman don't know attack MY account.....to see yes this morning that even after all of that my refund went into the joint account. So now the bank really could care less.....Miss Stacey #198 first says are you sure you talked to me? Of course I said yes I have your name written down...then only after getting mad and speaking over her to remind her of what I had told her on Monday she then remembered and said Oh Yes I remember. THEN SAYS.... Well it went into the right account right......um no...hence the reason I' calling very upset all over again. Long story short she says....oh my mistake...but i guess it didn't work. And yes folks there's my answer....if I don't climb a tower soon it WILL be a miracle.....and through all of this....RUbin and Rothman called me this morning....I just didn't answer. I don't even know how to handle them....I can't afford a lawyer especially now....and am just so terrified that they will just do what they want anyway why bother even talking to them. So listen anyone wanting to contact me regarding this instead of using this site.....my personal e-mail is Personal e-mail id removed for safety - Jason ....please help me. And to answer the other person I am in NY......Hope to hear from someone

Please, for your own safety, don't post personal information in these forums.

As for Miss Stacey #198... Go down to your local bank branch. In person, tomorrow morning. Grab the branch manager by the ear, and tell him what you want done. Then stand there glaring at him until he makes it happen.

As for the collection scum... In most states they cannot sieze your funds to satisfy a levy on a joint account holder. Make damn certain that the bank manager understands that these are not your sister's funds. FWIW, you should consider closing that account.

I had an account with Verizon Wireless more than 6 years ago. I since moved and have another company. I thought that everything was settled with Verizon. Six years passed and on January 2008 I get a letter from the American Arbitration Association telling me that a complainant called Midland funding llc is suing me for $635.00 for an unpaid bill from Verizon. I also received nasy hostile bill collectors calling my house demanding payment.

I tried explaining to these collectors from Midland Funding that I did not recall owing any money to Verizon but they keep insisting that I pay them on the phone. I requested information via CERTIFIED mail with return receipt from Midland and they refused to accept the letter. This is not fair play.

They refuse to send me anything in writing as to this alleged overdue bill. They refuse to negotiate with me and they are hostile one of the collectors even yelled at me on the top of her lungs on the phone so I slammed terminated the converstation.

Anyone else that has had similar problems with this company please note it here.

The company name is
Midland Funding LLC
PO Box 939019
San Diego, CA 92193-9019
Phone 1-800-210-9855

These people should get their licensed pulled by the Federal Trade Commission.

What you should do (if your state allows recording without the other persons knowledge) is record all calls with them (if your state does not allow recording without the other persons knowledge then state that the call is being recorded. Get all their violations on tape and use that for your own civil suit. Also I would suggest you consult an attorney regarding the arbitration. It's not a fair venue from what I have heard. If there is no way of getting around arbitration then (assuming they allow formal pleadings) try requesting validation of the debt (you can find a good template via my signature for items to demand) in discovery. If they can't validate it then motion for it to be dismissed with prejudice as they cannot show without a shadow of doubt that they possess the debt and you owe it.

I RECEIVED A BILL FROM MIDLAND CREDIT. I CONSULTED WITH AN ATTORNEY WHO CONTESTED THE VALIDITY OF THE BILL. IT WAS IN EXCESS OF 3 YEARS (STATUTE OF LIMITATIONS). MIDLAND CREDIT HAS JUST RECENTLY REPORTED THAT I AM OWING A PAST-DUE AMOUNT. I CALLED THEIR OFFICES IN CALIFORNIA ONLY TO BE INSULTED BY THE NASTY INDIVIDUAL ON THE OTHER END OF THE TELEPHONE. SHE STATES I STILL OWE MIDLAND. SHOULD I VISIT WITH MY ATTORNEY, AGAIN, AND HAVE HIM SEND THEM FURTHER CORRESPONDENCE?

Welcome to the forum Glynn.
Although the SOL may have expired the debt still remains, however I would suggest having the debt validated before attempting to make any payments on it.