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Midland Funding LLC - “ How do you deal with this collection agency"?

Submitted by PinkLady on Tue, 10/24/2006 - 07:21
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I'm asking this question for my Cousin who lives in Iowa.

Is there anyway to stop a wage garnishment without filing for bankruptcy. My cousing received a phone call from midland funding llc debt collector on Friday saying they were going to proceed with the garnishment, but if she was able to make arrangements please give them a call. Well she was going to call them the folloing Monday and when she got her check that Monday 200 was gone for the garnishment. She knew they were trying to sue her but things kept getting held up because the Midland Company didn't have their stuff together. They also kept telling my cousin to call, but they would never return her calls. Why would they call her on Friday telling her to call for arrangements knowing they were already getting some of her money. She wants to pay them, but she can't afford to have her wages garnished. Is there anyway to prove that this is causing financial hardship. She has two young kids to take care of and she she is already two months behind on her car payment. When she gets paid again, the next 200 will make her short on rent. I heard somewhere that a "CLAIM OF EXEMPTION" can be filed. Does anybody know anything about that and how it works. Any thoughts or suggestions would be helpful.


I am writing on behalf of my mom, and was wondering, she has received a notice of judgment lein against her house, in the amount of $3,722.16, and has been paying, the Law Office of Stillman Law. She has an agreement with them, saying that she can pay, $25.00, month. My mom, took out a reverse mort. can they legally take her home from her? I am so very angry, about this I just want to call them and tell them what I think of them.


Submitted by on Wed, 01/13/2010 - 11:37

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my pay check is now being garnished by midland funding I do not recall the name of theis company i do nto remember anything from this company they tell me this is from 2003 I would like to get more information from this company


Submitted by on Thu, 01/28/2010 - 11:34

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My husband received a judgement where Midland funding llc is garnishing his paycheck, how can they do that? For one he never was served or even knew anything about a court date, i thought only a judge can issue a garnishment and how can they do that when he didnt even know about it.... And to top it all off we have know ideal what the debt is for, but what we do know is that the garnishment is for over 17,000 dollars.... What do we do? I've researched on the internet and can't find anything about Midland funding llc excepted bad reports from people that are in the same possition that we are in, NO PHONE NUMBER TO CONTACT THEM PERSONALTY OR ANYTHING!!! Can any one inlighten me on this? Thanks BK


Submitted by on Wed, 02/03/2010 - 18:08

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Quote:

Originally Posted by Anonymous
All of you people that have not been properly served - I am looking to take Midland Funding down.
If any of you have kept all your papers in order, and have had a lien or garnishment, and you know you were not served - I am interested in hearing from you.
I want to gather as much info as possible and send it to the US Justice Department.
Again, you have to have some proof - For instance, they contacted you at a new address, but served papers at an old address.
Please leave a message here - I will come back to check this website, and I will put up a website or e-mail box for you to contact me.
I am working with a friend who I know that these people served wrong. And I am sure that I can find others. If I can get enough, I can present it to the US Justice Department.



My husband never received anything from the courts or the sheriff department, but on 1/13/10 his job was sent papers ordering garnishment, the order states he owes over 17,000 dollars 70.00 a week!! And for what? We have no ideal, you know it probably would of been such a shock if we knew that midland funding llc was even trying to collect on a debt... And what makes it worst is i don't know how to find out what the debt collect is even for!!! One thing i do know is that my husband hasn't bought anything in over 6 years and that was when he lived in las vegas, so i know that the SOL is over but how do i go about stopping them from garnishing his paycheck??? And how are they able to garnish his paycheck? I thought only a judge could order that and if thats what happened how come he wasn't contacted about the court date so he could appear??? BK


Submitted by on Wed, 02/03/2010 - 18:27

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You'll only find bad reports on Midland because that's about all the reports there are. Midland is a junk debt buyer and collection agency well known for underhanded dealings. That your husband was not served comes as no great surprise to me.

You are correct that a garnishment can only be issued if they first get a judgement, at least in consumer debt cases. Contact the court where the judgement was issued. In the file, there will be a paper called an 'affidavit of service' or something similar. That will have the details of the purported service, including (usually) a physical description of the person who was served, where they were served, and such. Have a look at it. If they served him (and yes, I recall that you said they did not) there will be unambiguous proof. What's there will likely be defective in some way, seeing as they never served him. Take that to the court clerk, and inquire about the process to have a judgement vacated due to defective service.


Submitted by unclewulf on Wed, 02/03/2010 - 18:37

unclewulf

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I received a notice on 2-17-2010 that my wages were being garnished Midland Funding, LLC via Holloway & Moxley, LLP... Who is Midland Funding?? Who are they and Holloway & Moxley representing?? How can I fight this garnishment??? PLEASE HELP SOMEBODY!!!!


Submitted by on Wed, 02/17/2010 - 22:43

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I have talked to a Law Firm that represents Midland to try to clear a debt that Midland took over which is a little more than $3000.00 dollars. Midland is now going to garnish my DISABILITY CHECK which I am on. I have agreed to do a settlement with them but I have not gotten an ok from Midland. Can they still garnish my disability check before they agree for the settlement? How much can they take from my check.


Submitted by on Thu, 03/04/2010 - 09:42

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Quote:

Originally Posted by finsfan13
garnishments are federally mandated. For a consumer debt like this, the garnishment will equal 25% of disposable wages, which is after taxes and any voluntary deductions such as 401k, profit sharing, or insurance. This doesn't vary state to state.



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.


Submitted by on Fri, 03/12/2010 - 11:57

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


Submitted by on Sat, 03/13/2010 - 17:18

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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?


Submitted by on Thu, 03/25/2010 - 11:03

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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:

[LIST=1]
  • Please contact any credit agencies to whom you have reported this alleged debt, and inform them that I am disputing the debt; and
  • 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.com/stories/1/95/1f_161075.asp


  • Submitted by on Mon, 04/05/2010 - 12:50

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    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.


    Submitted by on Tue, 04/20/2010 - 17:03

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    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.


    Submitted by Good Nelly on Fri, 04/30/2010 - 23:17

    Good Nelly

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    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?


    Submitted by on Tue, 06/15/2010 - 02:54

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    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.


    Submitted by Good Nelly on Tue, 06/15/2010 - 06:41

    Good Nelly

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    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.


    Submitted by on Tue, 06/15/2010 - 09:25

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    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/letters/notify-ca-expiredsol.html


    Submitted by Good Nelly on Wed, 06/16/2010 - 07:09

    Good Nelly

    ( Posts: 2846 | Credits: )


    Quote:

    Originally Posted by good.nelly
    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.


    :mad: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.:rolleyes:

    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.


    Submitted by Gretchen VonDerhoff on Fri, 08/27/2010 - 00:48

    Gretchen VonDerhoff

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    Quote:

    Originally Posted by Anonymous
    i am wondering if i should get involved in going after these 'lawyers' and this corporation, Midland funding llc. i looked them up on google and it turns out that alot of folks have had some hanky panky to report about the company. i guess they are a bit shady and posing as a legit law firm. i have a court date to dispute them freezing my bank account and trying to garnish my wages, i am saying that i wasn't properly served etc...but now i am wondering if it is a bigger case because they tend to do things illegally????


    It's worth looking into. they need to be taken down.


    Submitted by Gretchen VonDerhoff on Thu, 10/07/2010 - 01:20

    Gretchen VonDerhoff

    ( Posts: 259 | Credits: )


    Quote:

    Originally Posted by good.nelly
    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 went to court and did everything right, filed all my documents, answered all discovery, the petition wasn't even properly written as it was written with citibank as the debt holder who is not a party to the case, I did everything and yet I got a default judgment against me and I am ticked off to say the least?


    This judge apparently decided I was being troublesome by being ahead of the game and so he decided to level the playing field. There is NO REASON I would have been a no-show since I was ahead, yet the commission of review says they see nothing in the docket to support my claim of changing the date.

    Did they honestly think the judge was going to write: "Ha ha, I fooled defendant, I gave her the wrong date and so she's screwed"?
    :rolleyes:

    kramer and frank were supposed to respond to my answer and motion for dismissal and they never did. that unlawful firm did nothing right and yet i got screwed.

    There is no damn justice and you shouldn't count on it.:mad:


    Submitted by Gretchen VonDerhoff on Sun, 10/17/2010 - 21:00

    Gretchen VonDerhoff

    ( Posts: 259 | Credits: )


    I just recevied a letter in the mail,a NOTICE OF LEVY. I called the sheriff # that was on the paper. They told me that the company MIDLAND FUNDING LLC, paid the bank for my information, yet the bank they got the information from i never had a account with them. I found it funny that a bank is willing ti take money from companies like this to get information. But the funniest thing is wen the company MIDLAND FUNDING LLC call you they have the worst addtitudes i have ever seen, and they treat you like crap.If anyone recevies a letter ask your attoreny about it before u call them and they try to talk you into giving them money cause they just might take it all.


    Submitted by on Mon, 11/01/2010 - 14:30

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    midland has began garnishing my wages and they gave my daughter a summons which i did not receive and stated they put one in mail and i did not see only way i found out that my wages was garnish was when i received my check and to top it off it is for a card that i do not have or used and the company is no longer in busssines. what can i do?


    Submitted by on Mon, 11/08/2010 - 10:25

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    Hi, i received a judgement on my credit report for X amount of dollars from midland funding llc. I have the slighest idea what for. There is no reference # and when I try to contact them their phone number is out. Do anyone has a legit phone number to give me so I can get this mess straighten out. They are hurting my credit.


    Submitted by on Wed, 11/10/2010 - 09:26

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    I chose to fight my lawsuit and filed an answer to the complaint. My attorney asked Midland Funding LLC for documentation of my debt and they couldn't provide it, so the case was dismissed without prejudice. It's not likely but they can sue me again.


    Submitted by on Thu, 11/11/2010 - 14:13

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    Midland Funding LLC has or is attempting to levy my assets. My car is not paid for, neither is my home. I am being harrassed each morning @ approx. 8:20am (I ignore the phone). Idon't know who I oweess than $1800 to. I received some fictitious court papers regarding Midland's possible plans if I fail to cooperate with a judgement that I never received a dated summons for nor court date. Can they garnished state pension check that is electronically transferred? I was going to respond by going to the court house and see what has been filed who the creditors is ( never had a credit card with Midland. I read the laws for NJ regarding small cc
    Claim Court there seems to be some inconsistent errors in filing presentation. Do you think I should attempt a cease and desist ley
    Letter? This is truly a scum of the earth company and so ate the attorneys who allow them to hide behind their credtials. I really believe thesaurus themselves are Midland Funding LLC. Reading these comments have helped me draw these conclusions. Hope that everyone works their situation out before Midland ruins anymore lives.


    Submitted by on Wed, 11/17/2010 - 20:55

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    your an ass


    Submitted by on Mon, 11/22/2010 - 06:51

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    when ever a court process come to your house,do not accept the summons ever in life.just tell the that person don't reside there any more.or that person died or left the country for africa.without the signature the court must dismiss the case after service cannot be made.under the state rules,they have rules in your state.www.anystate.gov


    Submitted by on Fri, 11/26/2010 - 11:57

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    I was ordered by the court to pay them because i didn't appear on the court date. Now I want to make arrangements but I don't know if I can. I'm afraid they will seize my tax return or my bank account. Can they ? or can I still make arrangements? I'm from Texas.


    Submitted by on Mon, 12/20/2010 - 08:28

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    The court has ordered you to make the payments to the collection agency. You should contact the collection agency and request them to give you a payment plan so that it becomes easier for you to pay off the dues. If the collection agency gives you the payment plan, then your tax refunds will be safe.


    Submitted by on Tue, 12/21/2010 - 02:49

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    you are wrong on one thing anna.the only creditors that can take tax refunds are the IRS,STUDENT LOANS,AND CHILD SUPPORT.please don't give incorrect info as again nobody but the three entities state can take someone's tax refund.they can however seize a bank account,but if a garnishment was ordered then that is up in the air as to if they will do both.


    Submitted by paulmergel on Tue, 12/21/2010 - 05:54

    paulmergel

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    if you file Chapter 13 Bankruptcy, your tax returns will be taken by the trustee each year during the repayment period. There is no way out of it. It will be sent to you and then you have to endorse it over to the Trustee and its gone. It really sucks with that-thats how my family got our dental work and vision exams and glasses each year-tax return, so now no dental work for 4 more years and glasses I can no longer see worth a crap out of. But, its worth it to save my home, anything is worth saving my home


    Submitted by on Wed, 12/22/2010 - 09:18

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