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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.


Anyone wanting to show up april 4 in district court in sylacauga, al. A midland collector will be there trying to get something out of me. I was already in court and the judge let him have an extension to get more info and refile, and he has done that, now i have to go again! Acoording to the consumer lawyer i have talked to that prove they have is a zip file full of names and account numbers, and they have a bill of sale for it. NOT my account or proof or what i owe them, and no signature i owe them, so i am going ot have to fight them again, and hope that judge does not let him screw me with the 6,000 something he is going oafter. I dont owe them because i nevered borrowed money from them, any money that i did borrow at one time in my life was wrote off by the orig creditor they are stating that they are collecting on. All these third party by for pennies on the dime persons need to be dealt with by our congress, plz anyone want to start such actions to get them to stop taking vauleable time and resources from our courts, i am in, someome smarter than me start it, ok?


Submitted by on Thu, 03/10/2011 - 11:25

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I have a question if any one can tell me the laws in Florida. Midland is taking my father to court and want the balance of 6,100.00 plus interest 1,282.00 they have charge over the last 3 years on the account. And 6% yearly on the judgment. Can they charge interest on the 6,100.00?

Also, I look on thier site and I am trying to find out exactly how much they pay for an accout. Is it 3 cent on the dollar? And where and how can I find this to print it out for court?


Submitted by on Sun, 04/10/2011 - 00:26

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Have your father been served with summons? Are you sure that a case has been registered against him? Check whether any judgment order has been issued against your father. You should check that first from the county court clerk office. If your father really owes the debt and has defaulted on it, then yes, they can charge interest on the debt.

If a case has really been filed against your father, then I would suggest you to consult a consumer attorney. The attorney can help your father deal with the legal issues in a better way. You can also try to settle the debt out of court. The settlement amount will depend on the debt amount and negotiation skills.


Submitted by Good Nelly on Sun, 04/10/2011 - 21:13

Good Nelly

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:oops:i made a deal to pay midland i paid over 600.00 dollars they said they would not garnish my wages guess what they did and they kept my other money how is this possible i dont have to go down the street to get robbed these people can do it legally


Submitted by on Sat, 04/16/2011 - 09:26

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Your query is not clear to me. Have Midland garnished your wages in spite of making payments to them? If yes, then you should check whether or not a judgment order has been passed against you by the court. Midland can't garnish your wages without securing a judgment order. If a judgment order has been passed, then you can get legal help regarding this issue. You should retain all the copies of your payment receipts, agreement letter (if you have any) with you also. You can use them to prove that Midland has breached contract.


Submitted by Good Nelly on Mon, 04/18/2011 - 00:59

Good Nelly

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:mad:


Submitted by on Mon, 04/18/2011 - 15:47

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I have just received a Notice Of Disclosure Hearing (small Claims) by Midland Funding LLC for the amount of 634.37 Back on Jan 6, 2009 a small claims judgement was issued against me for 634.37 plus cost. Supposebly This is for a dell Computer they say i did not pay for. I did pay for this computer!!!! I do not have receipt because it was some time ago that I purchased this computer!!!! Now I receive another paper from the State of Maine District Court in Augusta saying I must appear june 9th for the same thing or I may be arrested what can I do to solve this problem?


Submitted by on Tue, 04/19/2011 - 14:14

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I was summoned by midland funding llc stating that i was being sued over a credit card debt that i owed 2 years ago...i was ordered to file an answer @ the clerk of court office being that i was scared i took it upon myself to call the Eaton Group Attorneys which was listed on the summon to explain to them that i could not afford to pay the debt because i recieve disability he told me that i had to pay something because i still owed the debt so i told them which was a big mistake that i could try to pay $20.00 mthly they agreed to it... being that i didnt know what to do next i went to the court house and filed my answer agreeing that owed the debt....i then later called the Eaton Group Attorneys to inform them that i had filed my answer they told me that it was no need to do that since i already agreed to pay the debt they later sent me a letter stating that i owe 139 payments of $20.00 which is way too much when i only owed $1,451.97 so just a few days ago i recieved a letter stating that im involved in a class action lawsuit against midland because they use false accusations toward people into getting them to pay their debt...so my question is do you think i should continue to pay them money for a debt that i'm quite sure is @ the credit bureau? will they be able to garnish my disability check if i stop paying?


Submitted by on Sat, 04/23/2011 - 02:18

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i am being sued by midland llc. and it's to my understanding that if a credit collector buy's a old debt from another debt collector,that makes them a 3rd part collector.i live in arizona and it's to my understanding a 3rd part collector has no right to try and collect,it that true ?


Submitted by on Tue, 05/17/2011 - 19:56

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I was just called about a summons for a court date on a deliquent credit card I had while I was married. We divorced and I had no income. I am now on Disability and have very little to live on. What is my recourse considering this matter. Help!


Submitted by on Wed, 05/18/2011 - 12:08

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I wanted to see what my options are in regards to a situation with a Midland Funding LLC who has hired Fulton Friedman & Gullace LLP who filed a wage garnishment. I actually agreed to a payment option but when I told them I wouldn't be able to make the initial payment until the following month, Hans Aguilar the paralegal for the firm told me the deal was off. I wanted to see what I can do to stop the wage garnishments. I tried to talk to three people at Fulton Friedman and Gullace LLP but I was told on they couldn't do anything for me, it was my fault.


Submitted by on Sat, 05/21/2011 - 10:36

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I received a summons from Midland Funding LLC for $863.00. I had never heard of this company before and knew nothing of this debt. I contacted the attorney for the plantiff and told him this was not my debt. He told me that I had been sent out a letter more than thirty days ago and they were not required to show me proof of anything. I followed the advice of people on this site and other sites and sent a certified debt validation letter to the attornies, Midland Funding, and the court. I was really scared for my court date but it was this morning and guess what? Case dismissed! They did not even show up in court.I was devastated when I received the summons and thought for sure I would be garnished for something that wasn't even mine. The best advice I can give is to do research on the company, on the alleged debt you owe, etc. Write a certified letter of validation. Always show up in court. Of course it is morally right for a person to pay their debts. If the debt is truly yours, try to work something out with the creditor. They will see that something is better than nothing. If it is not yours, don't give up the fight. I was shocked when I did research on Midland Funding and discovered how many bogus lawsuits they actually file. Lawsuits are very scary and unpleasant either way. I was in tears on my way to court. I feel vindicated now though.


Submitted by on Thu, 05/26/2011 - 08:49

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These people are something else, they are doing the same thing to me, garnished my payroll check, thanks for the heads up, i will clean out my accounts in the morning...


Submitted by on Mon, 05/30/2011 - 01:12

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Midland garnished my entire retirement check and $13,000.00 of my savings and most of that was retirement money and the bank and or midland will not release it. California. I thought the only company that could garnish retirement was irs


Submitted by on Tue, 05/31/2011 - 18:49

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Check whether or not the collection agency has secured a judgment order against you from the court. There are some retirement accounts which are exempted from garnishment. These are 401(k) account, 403(b) accounts, etc. To get more details on this issue, visit the following page:
http://www.debtconsolidationcare.com/getting-loan/about17025.html


Submitted by Good Nelly on Wed, 06/01/2011 - 03:08

Good Nelly

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Phone number 8664067565


Submitted by on Tue, 08/14/2012 - 00:28

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This company goes by several aka's heres the deal you can dispute these accts and once the CRA takes them off .FTC says it is deceptive business practices to change the name of the origional company to add it back once deleted..

Here is what you need to verify..
1. Check 2 reports if you have had them previously deleted.
2. Match up the acct #'s if they match you still in the game.
3. Start printing off the papers that have 2 diff names with same acct #.
4. File a civil complaint on line with your local law enforcement.
5. Call each credit Bureau and tell them what has happened. Let them know you have the printouts for this problem.
6. Offer to fax ea CRA a copy of what you have .
7. Contact the FTC and explain this to them..
8. Find a attorney.
We lost the loan on our house due to this company.
I can get actual damages because my loan officer typed a letter stating the only change was from this company and slammed my husbands credit.. Don't be scared of them they buy dirty paper and try to force compliance in our case I caught on before they could sue or start a bad roller coaster ride..Hope this helps...


Submitted by on Fri, 10/26/2012 - 15:01

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I just went, or rather, am going through this. You have a limited time after the initial information on the wage garnishment starts. You can get the Claim of Exemption form online, or go to your nearest Legal Aid location, and tehy will help you fill it out. A simple form stating your income and your expenses. List everything you earn, adn everything you spend on a regular basis, and don't forget to put in some money for entertainment (movie night once a month...)
This form, needs to be delivered to the office that served the wage garnishment, mine was the Sheriff's Dept. Once that is filed, a copy is sent to the plaintiff. If they disagree with your numbers, or think they can get a judge to side with them, they have 15 days to file a request for a hearing. If they do not, all the money that has been collected will be returned to you. If they fight the Claim of Exemption, you will have a hearing date set, and a judge will look over your finances, and decide on an amount, if any that is fair for them to garnish from your wages each pay period.

Hope this helps someone.


Submitted by on Wed, 10/31/2012 - 16:02

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Where do i find a debt validation letter or form,or is it something i just write myself?


Submitted by on Thu, 01/03/2013 - 12:29

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