Midland Funding LLC is suing me

Received summons yestrerday from sheriff's office for Midland funding llc for a Providian card that I had a few years ago. I have a very low paying job and cannot afford the money they are after (about 1800 dollars). The debt is not out of SOL. I was looking for their phone number online last night and was shocked to find all the complaints and harrassment that this company has caused. Now I am confused- should I call Midland to try to arrange payments? Should I try to get a pro bono lawyer (can't afford a real one) and go to court? People's accounts seem to differ, and I really need a good idea of what to do. Thanks so much!

Nobody?

What state do you live in? What else came with the summons? When was the last time you paid on the account? Providian was purchased by WaMu a few years ago so I would suggest you try and fight a JDB like Midland. Make them prove everything.

So go to court... its not a big deal, the wost that they can do is give them a judgment against you... that they can use to garnish your wages... which would suck, but its not the end of the world.

The most likely result will be they will appear, and ask you to accept a settlement offer. When I went through this they didn't even send a lawyer, he was an intern! I still accepted the settlement as it was 1/3rd they were suing for, and about $100 off the actual amount I think I owed (they tack on all those fees, etc. to scare you.... FIGHT BACK!)

And with everything else, don't take their first offer, if any... most likely they will accept payments in their settlement offer.

Trust that it costs them more to actually go through with the suite. settlement is good for them, not great for you, but better than losing. If you have good enough reason the debt is invalid, then put it in the hands of the judge... but if your excuse is you can't afford it, well that won't fly... that's what bankruptcy court is for.

Thanks for your responses. This is my first time going through this so it's a little scary. My biggest concern right now is if I can get a free lawyer.

Wow I can't believ you got that debt settled for one third. Thats a really good offer. Your best advice is telling them not to worry. It all works out in the end and they are not the first to go through these kinds of times.

FRAUD!!!!!!!!!!!This company falsified court process services. They supposidly served me at an address that I haven't lived at in almost a year. I never got so much as a letter, bill, or attempt to contact me before receiving a summons to appear in Superior Court. This is for a ten year old debt, they only have 4 year to collect in a civil action. Further more they prey upon victims, assuming they are to dumb or to poor to fight them. My original bill was only around a thousand dollars, old Providean Visa, ten years! Now they want close to $3600.

The issue is the statute of limitation, 4 years is well past. Also to false service and using to court system. They could have very well went to small claims. But filing in Superior Court you either have to have a lawyer, or waive your right to one. If you don't appear they win by default, and if you aren't properly served, how are you supposed to know?

The lawyer I have says he has heard of this group before and they are predators. BEWARE!!! Thank goodnesss I was able to have a lawyer friend help. This is still playing out. Please post if you have any helpful info.

Does anyone have the name of a lawyer that has had a case with midland funding? This company has falsified court documents on me as well.... I'm from corbin ky.... Also you may reach me at Personal Info removed for your protection, Shazzers Thank you for your time......

Try searching www.justia.com

Whjen they serve you papers don't you have to sign something to show that you recieved them? I have a past account that is being collected by Midland myself. I moved nearly a year ago. The debt is past SOL but I am afraid that even though I only moved a half hour away and there is no longer a home sitting on the old lot that they have served something to me and I wouldn't have known.
I was told you have to actually sign something before they can take you to court. They can't set a court date without letting the debtor know and can not get a judgement unless it goes to court. Is this true?

This reply is to the lady who said she had a friend lawyer on her case with midland...... Can you give me a number where I can call this lawyer? Since he has already familiar with this company being predators, he will be able to tell me what to do..... I left my email with my last response but as usual they took it out...... Seems like when you try and get some real help they do this sort of thing......on yahoo... scorpion1821

You might want to talk to someone. They are taking me to court since I became disabled and I can no longer work. They told me they are going to take my only vehicle away from.

Very Very Nasty people.

Mcorry

Midland funding has sued us too and it was for Cingular bill
which we canceled due to poor service. We only had the phone for 2 months(160.00 max) and now they are saying we owe 835.00. It has gone to court and they got the settlement.
How do we fight now? I already tried when we canceled the service with Cingular that we were not happy with their sevice and they still sent it to a collection agency. I told the agency that we were not going to pay it because the service was bad. What can we do?

I need a lawyer that has already gone up against midland funding....... Does anyone know one? Thanks for looking.......

Have you tried searching for a NACA lawyer in your area?

www.naca.net

i too was just served by midland and not even sure what it is for. is there anybody i can contact to tell me what credit card it is for?