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

Disposable income only matters if your income is less than a certain amount. If it's more then they take 10% of your income BEFORE any mandatory taxes are deducted. Federal law keeps them from taking more or they'd take it all.

i have paid off my dept to manbracken last may and still haye a judgement on me how can i get it off?

can debt collectors touch ss or pension

to collect a debt on there behalf can they do that? Dominion is also a debt collector. I am confused.

I use to live in Florida and Midland started harrasing me in 2007 fo a bill I paid off in 2003. Now I live in Iowa and they are taking me to court out of the blue. Which status of limitations do i go by Flroida or Iowa?

I was just reading that the statue of limitations in Florida is 4 years for a credit card. Credit cards are usually declared as an open account. As long as you do NOT agree to pay them. If you tell them you will pay or agree with a payment plan your SOL will start all over again. I just received a letter from Midland Funding LLC's "lawyer" about my overdue debt. Thankfully I have found these threads and all these customer complaints! I immediately emailed my lawyer and his response was DO NOT PAY ANYTHING! Until they can prove to you that you do indeed owe them, don't send them any money! I owe Midland no debt, they are a 3rd party debt collection agency trying to wiggle money out of me and it's not going to happen. My lawyer sent me the following letter that I revised, notarized, and sent to Midland's lawyer:

Your Name
Your Address
Date
Collection Agency's Name
Collection Agency's Address
Subject: Debt Collection Against [Your Name]
Creditor Name: [Creditor]
Account No. [Number]
Dear Account Representative,
I am writing pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g, to inform you that I dispute the alleged debt associated with account [number ________] with [creditor]. I do not believe that I owe the amount alleged by you.
Your letter of [Date of letter from debt collector] was the first time I have heard from you about this alleged debt. Thus I am requesting that you provide the following information:

• Please explain the nature of the alleged debt - that is, what the money I allegedly owe is for;
• Please provide an accounting explainign how you calculated what you allege that I owe;
• Please provide me with copies of any contracts or documents which form a basis for the alleged debt; and
• Please provide me with the name and address of the original creditor.

I further request that you take the following actions:

1. Please contact any credit agencies to whom you have reported this alleged debt, and inform them that I am disputing the debt; and
2. Please also forward a copy of this letter to the creditor who alleges that I owe the debt at issue, and inform them that I am disputing the debt.

Except as specifically outlined herein, I am requesting that you cease all contact with me about the alleged debt. Any further contact should be strictly in conformity with the FDCPA: It should be limited to providing me with the documentation requested in this letter, informing me that you have ceased collection efforts on the alleged debt, or stating that you are taking a specific action in relation to the debt such as commencing a collection lawsuit. Any further contact should be made in writing, and should be submitted to my home address by mail.
Sincerely,
[Your Name]


The key is to not just sit around and ignore their requests. If you don't show up to court they automatically "win"! If you show up and they don't have any evidence against you it will be dismissed, but send them the letter asking for proof of debt! Hope this helps =)


Here are some helpful websites:
http://www.bcsalliance.com/y_debt_sol.html


http://www.debtcollectorphonenumber..../1f_161075.asp

they have also done the same to me. i was told it is illelegal for them to take social security benefits. the are very arrogant and nasty......

Found out today that Midland hit my checking account for $153, plus another for $100 "legal processing fee". Called the attorneys listed on the charges on my account, and they were the most unhelpful, arrogant, and incompetent people I have ever encountered in my life. They would not even tell me when or to what address they served me with any court documents, since I never received any. I will be putting every effort I have to fighting them now. My debt is 11 years old with a company that went out of business at least 5 years ago. From what I can tell, the statute of limitations in MI (where i live and where the debt is from), and when I mentioned that to Midland they laughed and told me not to tell them how to do their job. I think somebody, perhaps the Michigan attorney general or even somebody higher up, should tell them how to do their job.

Hi Eric,

You should first check if the debt has crossed the Statute of Limitations (SOL) as applicable in your state. As far as I'm aware of, the SOL applicable in Michigan is 6 years. If your debt is past the SOL period, send the collection agency an expired SOL notification letter. They are not supposed to harass you for collection of a debt that is past SOL. However, make sure you do not make any payment towards the debt once it has crossed the SOL. Otherwise, it will start the SOL period all over again.

Contact your bank immediately and tell them that you did not authorize the withdrawal of money from your checking account by Midland Funding. Ask them to reverse the withdrawal. Ask your bank to block any further withdrawal attempt by this collection agency on your bank account. Close the checking account and open a new one, if possible, to be on the safe side.

I sent a validation letter to the law firm handling the case for Midland and they did not answer. I went to court and Midland's attorney did not show up; the judge said that they probably had the dates mixed up and set it for June 17th. I also pointed out that I did not receive a reply back for the letter and he (the judge) said that because it wasn't an official document they probably felt that they didn't have to reply. I feel like the judge is on there side without even hearing what I have to say. Do I have a chance on the 17th?

Hi White,

There's no reason to get disillusioned so fast. You definitely have a chance on the 17th and you must be present at the court with all the documents to support your claim. After all, Midland will have to validate the debt and they need to provide you with appropriate documents to prove you owe the debt. Go to the court and see if they can produce any substantial proof at all.

I believe you sent the validation letter through certified mail with return receipt requested, right? If you did, you will have the proof that you indeed asked them to validate the debt and they actually received the letter.

Do you have an attorney to represent your case? If you don't, then may be you should think of hiring an attorney who will present your case in the court and guide you further on this issue.

I used to live in Nevada up until 10 years ago. I've been living overseas, came back to US 5 years ago. Starting this year, I've started to get letters from MCM that I owe $700. What action should I take? Hire a lawyer? Write my own expired SOL notification letter? Or should I just simply ignore these letters? I have no clue. Please help.

Hi Gabby,

It's not advisable that you ignore these letters, rather you should send an expired SOL notification letter to MCM through certified mail with return receipt requested. If the debt is past the Statute of Limitations, they can neither collect it from you nor place it on your credit report. If they still contact you regarding the debt, they will be in violation of the FDCPA laws. Then you can hire a lawyer and take legal action against the company for this violation.

For a sample of an expired SOL notification letter, you can refer to the following page:
http://www.debtconsolidationcare.com...xpiredsol.html

What is Midland Funding's number? Your number is not in service anymore....!
Thanks!

Be aware, making a payment of even one cent can be used as your admission the debt is valid. Don't do anything until they prove they own the debt. Anyone can knock on your door and say they want money but that doesn't mean they are entitled.

In a perfect world you would be correct, Midland needs to show proof they legally own the debt and have the right to collect and as you say provide documents to back their claim.

I am pretty ticked off to say the least that having been sued by Kramer and Frank representing Midland (they also work for Capital One) the suit having been filed about 4 months ago and the process servers bordering on stalking. After all that and two court appearances (pro se) not one single solitary document has been produced which shows they have the right to collect. They have a generic form with a blank square with the amount filled in they say I owe but it doesn't show where it came from, how that figure was calculated, etc.

I continue to show up and the judge continues to give continuances without the attorney saying one word. It's like he's working for her and it is really messing with my head. I believe that the court is being misused to harrass and intimidate and that the suit should be dismissed straightaway if there is no proof. But now its set for trial in november without them showing anything. Further they state the original debt is from Citibank with whom I never had an account.

Judges are supposed to be impartial and stick to the law. This judge is an embarrassment to the court and needs serious censure but I doubt he even gets notice. Its up to him to admit or deny and he will deny it period.

Grrrrr.

I am going to file another Motion to Dismiss (I already have filed two neither of which the judge bothers to grant or deny, just sticks it in the file.) This is WAY WRONG. They sent me interrogatories etc which I answered with the fact that they have failed to state a legitimate claim. Zippp, that just flies right over Judge Richard T. Standridge's head.

They actually expect, I guess, that I will supply their evidence for them. They asked for every credit slip and etc. I've gotten in my life. not just from Citibank. This just grates on me but I'm not giving up. This judge is helping this abusive law firm get default judgments on hundreds of claims they no doubt have no more proof of than mine.