Midland Funding LLC is suing me

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?

i to have recieved a compliant from midland llc and it really isnt that much of a balance and i do belive that it over the staue of limitations law im currently looking into a public defender to win my case for me its not fair that the doing this for a stupid dell credit card account that i had when i was younger i have tried to file for bankruptcy but could because the attorney fees were way to high and i dont have extra money for that i live pay check to pay check and i dont under stand why they want to waste their time over pitty shit its so stupid i think their the only ones that go through with sueing someone. and all of this responding with the courts is getting crazy because i have to take time from my busy schedule just to type up responding letters to what they have sent me.

i just got served at home & for a Dell Financial Computer. Yes the county clerk listed was correct but when I tried to look up the attorney Kerry J Adams in Irving Tx nothing came up.
This is on a debt in Texas. Need Lawyer in Austin, TX

Got my letter from the law office representing Midland Funding. They have requested and been approved for a pre-trial conference. Have to complete this 2 page pre-trail conference questionnaire on things that really aren't relavent to a civil case that I just found out that I am being sued...former spouse information and things of that nature. Said summons was sent May 2008 to an address I did not reside so I questioned summons service and got back some statuate and legal mumble jumble from the law firm citing a case in AZ blah blah blah...service summons mailing is the same as actually having been served and having received said summons. Say what? No attorney will touch the case for less than a $1000 retainer. I have sent a validation of debt letter which the return receipt came back signed but no valdiation of debt with it. I am geared up, fired up and about to get the AG involved. If I am going to go toe to toe with this law firm I am pulling out all the stops. I am a single parent. My 4-year-old will be in tow when I meet these blood suckers. YOU take money from me...you take food, clothing and shelter from my child. My employment is not stable in this economy. Let us see how much blood can come from a turnip.

I am being sued by them but I have not received a notice for the court date. I have been unemployed for years and have no savings or $$$. can they take a car that is still being paid for?

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midland credit has got a judgement on me but not yet garnished my check is they any thing i can do now other than file bank ruptcy

I live in IL, but try contacting EdCombs. They are a great Chicago consumer rights lawfirm & have helped me win 3 cases.

They will look at your case for free - generally they will want to see the collection letters that Midland sent, or whatever you have, to see if any FDCPA laws have been violated. If they think they can win some money for you & get the fees they want they will take you case - for free.

Not sure if you have to live in IL or not, but worth a try.

Ive tried calling midland for the past 4 days recieving a wage garnishment summons, and the first time trying to call it says leavee a message, i did and 2 days later recieved another summons tried to call again. if they were a debt collector then they should know that i have not been working since December 2008. now i am worried what happens and who do i contact and do not even kn ow which company is sueing me.

maybe we can get a group together and sue them

You don't need to "get a group together", you can sue them yourself if you have documented evidence of FDCPA violations, and join the other 301 people who have already sued them.

Most jurisdictions allow you to defend yourself pro se, if you have that option DO IT! Midland like the other scum are hoping you don't show and then they automatically win by default. Answer the summons first, then make a motion to strike the bogus affidavit of debt that is likely included with the summons. Law says you don't owe junk debt buyers a red cent, only the Original Creditor. Research and learn your consumer rights and never admit to the debt or your done already. The OC made the decision to write off the debt, got some insurance money from the fed plus what they sold the debt for (pennies on the dollar) so it's no longer their problem and these jdb's swoop in and try to sue and win if you lay down and take it, don't!!

arrow fiancial services said that i didnt owe nothing i called but they didnt take the judgement off my credit report it was paid 2007 they said that they will talk to the lawyer about it didnt hear from them yet

I got served with a summons from Midland Funding for court. I have left several messages in the past month and finally got a hold of someone today, court is a week from now and I was informed they do not leave messages without the consent of the person on the account. How are we supposed to give permission when they don't answer the phone and you have to leave a message. I asked the lady Grace who the credit card they are trying to collect on was through, what the actual amount was and what was interest. The amount has gone up $150 in a week. The lady Grace stated they don't have that information only what the total amount was, any help would be appreciated.

Above all else, don't miss that court date!


When were you served? And how? Have you verified that the summons is genuine? If not call the court (phone number should be on the papers) tomorrow morning, and find out. Were you sent anything other than a summons? There should have been at least one other sheet, called a 'complaint.' Probably a sheet with instructions on it, too.

Anyway... Gimme some basic info here, and I'll do my best to help.

Do you know anything about the account you're being sued for? Anything at all? What state are you in?

This is kinda sketchy help, I know. But I gotta have more info. The info I need should be on the court paperwork.

To post #29:
I agree with Unclewulf that you need to provide more information if you want advice. Have you or have you not filed an “answer” to the complaint. If not, show up at court, and find out how much time you have to file an answer. And if you haven’t already filed an answer, do so in time, by certified mail and don’t write anything that says you owe the debt.
Based on the little information you did provide, it sounds like you already have a chance of winning because you can dispute the amount of the debt owed in your answer. You can say something like I do not recognize the amount of the debt and therefore don’t believe this is my debt.
I was sued twice by Midland and won both times. I kept showing up, researching the law, and taking the next step. For instance, like you, I tried to call Midland for information. I now realize that was a big mistake, as everything should be done in writing and by certified mail in a way that doesn’t state you owe the debt. Anyway, well into my case, I realized I had to file a motion for discovery if I wanted to find out how they came up with the amount they were claiming they owed. You see, if Midland is not providing you with statements/amounts of what you owe then there’s a chance they don’t have them. And if they don’t have them, they don’t have any proof. And if they don’t have proof, you’ll win if you do things right.

Wow!!!!! They are getting around. I just got a letter from an attorney which say Midland is sueing me and he can help. I had to look the information up based on the letter the attorney sent. They are buying up debt for pennies & then taking people to court without properly filing the paperwork. Watch Out you may be next for almost anything that is past due.

:confused:I was never served by Midland, They sent a letter by mail. found in my mailbox with other mail. I am supposed to appear in State Court this month about this civil action. I have not worked in 9 years for taking care of my sick mother and I paid them off back in 2000. What can I do? I dont have time or the money to appear in court.

Quote:

Midland can't be the brightest collection agency in the world. They sent me a letter on company letterhead admitting they are charging me interest on my out of statute account. Is it time to call the lawyer??

Midland also claimed they served me but the person they actually served was 20 years younger. I called and told Midland they did not serve me and I'm sure they will probably not inform the court that the wrong person was served. I recorded the conversation so I can prove I informed Midland they served the wrong person. We shall see if they do anything about it. I believe the original debt was approx $15,000 and now it's up to approx $24,000 with attorney fees. We offered them $3,000 and they came back at $14,000 and not coming down so looks like they will get nothing as we have nothing. Greed is not a good direction by them when they probably paid 5 cents on the dollar for this debt.

I was just served papers from Dell in the amount of $2600, I purchased a computer from them over 3 years ago and the computer was no where near that amount. Payments were made, then I stopped receiving invoices, now the civil suit. What choices do I have with this civil suit and do I need to show up in court or can something like this be resolved out of court?

The same company is suing me too! threatining to garnish my wages. they snaked their way into the essex county courts, ordered a court officer to deduct money out of my account w/o my consent. I've never heard of midland funding llc either.

from the looks of it, they rip offs!!! I'm gonna need a lawyer!!!:mad:

I just want to express my sincere thanks for your help. I received a summons in Oregon from a debt collector, and had no clue what to do. I searched the web about the company suing me, and most luckily found your website popping up again and again. Your guide is amazing. every question I had was answered, and every step explained. My case was dismissed, and they collected nothing from me. You???ve paved the way for people like me, who don't know anything about the court system.

-Matt, OR
Visit DefendASummons.com

[COLOR=navy]I just wanted to say thank you your guidance with my junk-debt lawsuit in Minnesota. They came out of nowhere suing me and I had no idea what to do. I contacted them to inquire about the case and my options, and was quite close to settling with them. Then I found your website on Google and have to admit, I was a bit reluctant to pay for your guide. However, I realized it was a lot cheaper than what they were trying to get from me so figured it was worth a shot. Everything was explained well, and my case was dismissed! I truly can???t thank you enough! Good to know there are people out there like you who don???t charge and arm and a leg to help those of us who don???t have a clue. Thank you again![/COLOR]

[COLOR=navy]- [/COLOR][COLOR=navy]Lori, MN[/COLOR]
[COLOR=navy]Visit DefendASummons.com[/COLOR]

The day I got served with a lawsuit I was at a loss for words. I had no idea who this was and why they were suing me. I immediately did a Google search and came across a forum where many people in my situation were talking about your website. It was obvious you knew what you were talking about, so I bought your guide ??? it was a lifesaver. I was guided every step of the way with all the legal paperwork and what steps I needed to take next. My case In California was dismissed. I would recommend your guide to anyone in similar circumstances - I really would have been lost without it. Thank you so much!


-Josh, CA
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Keep in mind, EVERY state has a limit as to how long you can persue a credit card debt. That limit does NOT apply to other types of credit such as home equity loans car loans etc.
For CREDIT CARDS ONLY! That limit never gets longer than 2 years in any state. Some states it's less.

:???:I say FIGHT them!! i AM BEING sued for 9900 bucks. Funny how a year ago the company that owned that debt offered up 4900 bucks NOW the bottom feeders at Midland want the whole amount. which they paid a couple cents on the dollar...ANYHOW..I am with a debt settlement company and they ignored the calls from my debt settlement company and went ahead and filed a lawsuit. I plan to go all the way, represent myself in court, tell the Judge that if I were not in such dire straits I would not be working with a debt settling company. My credit rating went from 820 down to barely 500. I can not afford to pay another monthly payment. I pay 620 bucks a month to my debt settlement company. Hopefully the judge will see that I am trying to make things right, I am 3 years into this ride and have settled one large debt and only have 5 or 6 to go. SO I SAY fight the coporate bastards!!
good luck!

A judge is concerned with one thing and one thing only - whether you legally owe the debt. If they prove that they own the debt and you owe the amount they are claiming then the other debts youre paying don't mean a thing to a judge. A judge might encourage them to make arrangements with you but a judge cannot force that upon them. If they can prove the debt they will get their judgement against you.

I am too dealing with this company and got served ppwk and never heard of them anyway this lawyer in houston has had dealings with this Midlnd corp and have won the battle so i go to  court on wed this next week and not sure how this will play out but this Lawyer office calling me back on monday :)  there # Weston and Assocates 713-623-2042 try them :) and good luck