I'm Getting Sued By Midland Funding LLC...help!

OK, the issue with these lawsuits is that the debt collectors know the laws, and most consumers do not. If they do not show up again, you need to request right there on the spot that the court dismiss their case against you. If it were me, I would have requested dismissal the first time they no-showed. It would be a good idea for you to check into your state's rules of civil procedure to make sure that any motion you make to the court is done properly according to your state's laws. But yeah, they are really wasting your time and really abusing the court process with this nonsense--they blow it off twice like that. It is inexcusable, and considering the fact that they sued you, they should get slapped down for this nonsense.

be sure to show up at that next hearing, and if they do not show up then, I would request that the judge dismiss the case on the spot, with prejudice. I would explain that these people sued you, and that on two previous occasions you had to make time in your schedule for court dates that they simply blew off. If they blow it off a third time, I cannot imagine a judge not dismissing their case.

Hi:

I'm not sure if this helps but I was being sued by Midland back in 2007. I'll give the short answer of a long situation. My aunt got a two credit cards back in 1989 one for me and one for her. As far as I knew I was an authorized user on her account. I closed and paid off my account in the late 1990's and had no further contact with the original creditor. My aunt kept her account open and stopped paying on it on 2005 leaving a balance due of $8000. The debt was sold twice finally to Midland who came after me in 2007. I made repeated attempts and sent multiple letters to have them validate the date to them and to their lawyer. They ignored my request. I filed complaints with the FTC. They continued to respond to them but not me. I filed complaints with the credit reporting agencies because it was reported on my credit. This debt followed me years and over three states. Everytime I moved I'd get a collection letter and I send a cease and desist and request a letter validating the debt. They'd stop calling me but it was still on my credit report. I know they would have sued me if they had case to stand on but because they had the ability to put the stuff on my credit report that was they used against me.

So I got a consumer lawyer. I sued for inaccurate reporting on my credit report and violation of the Fair Debt Collection Act. It took a year but last week I signed the paperwork. I am being released from the debt and they are taking the items off my credit report. I didn't win any money but they are off my backs and they have to pay all my attorney's fees.

I guess my point is they weren't responding to me even though I was following all the advice given so I had to step up. They good thing about mailing all that correspondence was I had records that I had done what I was suppose to do and that they continually failed to validate the debt.

So don't be afraid to sue the bastards.

Hope this helps.

Toni

I received a letter from Midland's lawyers asking to settle for half of what they are suing me for but they want it by the end of December. I don't have that kind of money but I will receive a tax refund in February 2012. I want to know if I write them back and tell them this will they accept it? Btw, thanks for all the responses. They have been very helpful.

OK, here's my take on this.

1--they sued you....if they actually had a case against you that they could prove in a court of law, they would not be offering to settle for half. This is the kind of move that a debt collector makes when they dont think they can win in court, so they will try to at least come away with some money. With all respect to you, if you pay them this money, youre a fool.

2--I do not know how you answered the summons, but I would be willing to bet that you denied everything, otherwise, I cannot imagine that they would have blown off two court dates already. When it goes to trial, you will have the opportunity to ask them to produce proof--and chances are quite good that they cannot produce it. Like I said, if they could legally prove that you owe the full balance, they would not have sued you, blown off two court dates, and now offer you a 50% settlement offer.

If it were me, I would not even consider their offer. I would march into court. I would demand that they produce proof of the debt, proof that they have legal right to collect on it, proof that the amount they are seeking is legitimate. Midland is famous for not having their ducks in a row. If you stick to your guns, you have a good chance of beating this case.

Note--I am not advocating that you do not pay your bills.....but what I AM advocating is that you do not pay money to any debt collector unless they can prove properly that you owe the debt, and that you owe it to them. if they cannot, then they do not get one penny from me.

Also, if they blow off the next court date, then you need to request that the judge dismiss their case with prejudice. Three blown court dates is a waste of the courts time and yours. Clearly, they are not taking this seriously, and courts do not usually like it when someone wastes their time like this.

Wow, those are very valid points. At this time, I haven't answered them and am thinking of just going to court and face the music. I've learned a very valuable lesson from all of this and plan on paying my bills on time all the time. Thanks again!

Since I didn't answer the $1800 settlement letter from Midland's lawyers I've been receiving phone calls from them about the debt. My question is why? I thought this was going to court. If they continue to call and bug me at home can I send them a Cease and Desist letter if they already are taking me to court?

If it were me, to be honest, I would consider answering the phone next time they call, record the call, and tell them they can stick their settlement offer. I would consider telling them that they sued you, and they couldnt even bother to show up to the last two hearings. And because of that, combined with this latest effort of calling you over and over again, I would consider telling them that if they keep this up they will be slapped with a lawsuit of their own for violating the FDCPA with this harassment. Consider it--they sued you, which caused you to have to show up to court and jump through the hoops....then they dont even bother showing up, twice. That costs people money when they have to miss work, etc etc for court. Then, they send you a settlement offer which is one of two things--it is either proof that they cannot prove the debt, or it is a scam--if they can get you to agree to pay even a portion of the debt, then they could go to court and try to say to the judge, "look at this, he agreed to pay a settlement offer. He knows he owes the debt, no one would agree to pay $1,800 if they were not admitting that they owed the debt".

it is either a trick to try to snag you, or it is a trick to try to get some kind of profit when they do not deserve any. Either way, you were right to not answer that settlement letter. But remember now, this is what I WOULD DO....I have a tendency to really think outside the box, but then again, I have made some really unconventional arguments stick in court cases before....

So, if it were me, I would maybe file a motion to dismiss with prejudice. I would cite the fact that the plaintiff has no-showed on two separate court appearances. I would then state that the plaintiff has resumed more conventional collection practices--settlement letters and constant phone calls--instead of paying attention to the court case which they themselves filed. They are wasting the court's time and resources, they are wasting your time and resources. They have not provided one single piece of evidence to support the case they filed against you. If you get the dismissal with prejudice, then you can tell Midland to take a hike for good. Either way, I would then file suit against them for FDCPA violation--namely, harassment/abusive practices. I would argue in my lawsuit against them that they sued without any proof at all. I would say that they blew off two court dates, not even bothering to send an attorney in their place. I would then state that since they have blown off two separate court dates, they caused me to have to miss days of work to show up in court for nothing. I would state that their action of choosing to skip those court hearings unnecessarily cost me money. I would then show that, despite claiming that they could prove that I owed them a large sum of money, they then reverted back to harassing me with repeated phone calls and offers to settle for 50%. These things on their own are not violations, but it comes off as a real slap in the face to me, the consumer, if you sue me, then make me repeatedly miss work for nothing, and then you pull this stunt of harassing me constantly by phone. They are suing you--this gives them the grand opportunity to prove their claims against you and get paid. But rather than follow the rules of civil procedure, they made a mockery of the court process, cost you unnecessary lost salary, and then resort to harassing you over a settlement offer. On top of all of this, I would state that up to now, they have not provided one single piece of actual evidence to support their accusations against me. I would sum this all up by saying that the plaintiff knowingly filed a frivolous lawsuit, where they do not have sufficient evidence to prove their case. They did not take the court process seriously in the least, and now they are badgering you, trying to get at least half of the money out of you that they claim they owe. In other words, they knowingly filed a suit against you without proof, in an attempt to intimidate you into paying a debt they cannot prove you actually owe. It is clear that they have no intention of actually pursuing the case they filed against you, they dont even show up to the hearings!

I would total up the amount of money you would have made in those two days that they blew off court, and call it "actual damages" because thats what it is. I would ask the court for:

1. The sum of $1,000.00, which is the maximum statutory penalty allowed under the FDCPA.
2. The sum of $___.__, which is equal to the lost wages for the two days of work you had to miss to attend court hearings that they chose to blow off.
3. Any other amount which the court shall deem as appropriate.

I would request a jury trial--a jury will understand how this big, greedy debt collector with a disgusting history of violations of federal laws tried to use the court system improperly for their gain. But then again, thats just me. I have seen people go to court with some genuine violations--things that are not commonly pursued. One of these was the fact that a debt collector reported on someone's credit report without sending them the required "initial dunning letter" within five days. We were able to show that reporting on a credit report is in fact a communication, according to the FDCPA's definition. Therefore, that debt collector lost. But like I said, this is what I would do--I tend to go for the jugular with these clowns.....

You could send them a cease and desist, but I dont know how much good it would do. They are known for not caring too much about the law. I think it would be better at this point if you just pursued action through the case, as this is already in court. Send the C&D letter, but send it certified mail, return receipt requested. Keep copies of everything, including the letter you send them. Keep all envelopes and letters that you get from them.

normally i am lock step with you.except for the jury trial.i really don't think pushing a jury trial which could take a long while to actually get set and then stating how the OP needs to be compensated for being"inconvienced"will fly.i say go for the quick kill and get the 1,000.00 plus get this dismissed with prejudice.i just think that if a jury trial is pushed MCM will send one of their sharp lawyers and the OP only comes away with 1,000.00 anyway.i do agree though that MCM needs to be sued and right now.i wouldn't wait.i would go to www.naca.net and find an FDCPA lawyer and sue before this next court date.that in my eyes is going for the jugular.

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once again you make your case with exceptional ease.however i just wouldn't do a jury trial.get the quick 1,000.00 and get this dismissed.JMO.

I received a large envelope from Midland Funding LLC's lawyers via UPS today. It had my information regarding the Citibank student Visa as well as the credit history and any other information regarding the debt. I now want to know what my options are at this point? I work as a part time caregiver and make about $400 a month. I'm also on food stamps. Even if I go to court and the judge goes in favor of the plaintiff, I still can't afford to pay the entire debt. Can anyone help me with this? Thanks again all!

OK, they sent you a packet of stuff. Do not roll over and play dead just yet. Just because they sent you stuff, that doesnt mean that they sent you proper legal proof of the debt. Tell you what, I would be glad to go over exactly what they sent you. My email address is the same as my screen name here, at yahoo and you can send me copies of what they sent you. Feel free to black out your personal info on the copies--do not black out on the originals. If you would like to do this, just let me know. More times than not, when a debt collector like Midland sends "proof" it isnt proof at all. Get back to me, let me know....

Jon

Skydivr, I appreciate you wanting to look over the docs I received from MCM and their lawyers. There's alot of paperwork so it's going to take time. I can scan it to you this weekend if I may. Is it possible to send me a private message? Let me know! I've been receiving alot of phone calls from MCM regarding the debt and this may sound dumb but why are they doing this? They've already sued me. What more do they want? This is whole thing is madness! They've been using a out of area phone number but I KNOW it's them. Bastards!