How to Beat a Midland Funding LLC Debt Lawsuit

George Simons

September 07, 2021

Summary: If you've been sued for a debt by Midland Funding, LLC, use SoloSuit to respond in just 15 minutes and win your lawsuit.

You may have heard the phrase: “80 percent of success is just showing up.” Well, that phrase applies with full force when it comes to being sued by a debt collector like Midland Funding LLC. To beat them, all you need to do is “show up.”

Specifically, many debt collectors (Midland Funding LLC included) that file lawsuits against consumers are not actually prepared to prove their debt collection case in court. What does that mean for you? That means that if you simply “show up” to court, you will likely win that debt collection lawsuit, and the debt is dismissed forever!

So, if you have been sued by Midland Funding LLC, you may be tempted to ignore it with the hope that it will go away. Resist that temptation. Responding to the lawsuit, even if you know you owe money, will allow you to fight back and, most likely, beat Midland Funding LLC.

In this article, we will talk about Midland Funding LLC, what it is and its modus operandi, and then we will talk about how you can easily and quickly respond to the lawsuit in order to stand up to Midland's intimidation tactics. With the help of SoloSuit, you will have the information you need to “show up” in court and force Midland Funding LLC to prove their case.

Don't like reading? Who does — watch this video instead.

Not sued yet? Fight back with a Debt Validation Letter.

What is Midland Funding LLC?

Midland Funding LLC is a wholly-owned subsidiary of a company called Encore Capital. You would not be at fault for not knowing who Midland Funding LLC is. If you owe some kind of consumer debt, you most likely dealt with a different company. Midland Funding LLC specializes in simply buying consumer debt from other companies and suing the consumers to collect on the debt.

Midland Funding's business model, similar to many debt collection shops, is to purchase a consumer debt for about three cents for every dollar owed. Then make a large profit by suing the consumer to get the debt paid.

The next part of the business model is Midland Funding's expectation that the consumers they sue will fail to answer or otherwise show up to court -- which actually happens about 90% of the time. When that happens, Midland Funding asks the court for what is called a “default judgment,” meaning that it wins its case against the consumer because the consumer did not show up. Then Midland Funding will use the default judgment to garnish the consumer's wages or otherwise interfere with the consumer's bank accounts. Don't let Midland Funding do that to you -- make sure you show up in court.

Why Is It So Important to “Show Up” In Court Against Midland Funding LLC?

It is important to respond to a Midland Funding debt lawsuit because it is highly likely that the company will not have the necessary documentation to prove their case. Thus, by simply responding to the lawsuit, and essentially saying to Midland Funding that they need to actually prove that you owe a debt to them, Midland Funding will likely fold like a cheap pair of pants.

Even if you know you owe a debt, Midland Funding has the burden of proving (i) that they legally own your account with the debt on it, (ii) that the amount they claim that you owe is correct, and (iii) that they filed their lawsuit within the relevant statute of limitations.

SoloSuit makes it easy to win a debt collection lawsuit.

How Do You “Show Up” In Court Against Midland Funding LLC?

It is easier than you think to respond, or Answer, a debt collection lawsuit. But remember, you only have a limited amount of time, so don't dawdle. Contact SoloSuit sooner rather than later to get the help you need to quickly create, complete, and file your Answer to the debt collection complaint. Here are a few things to keep in mind:

The court, in response to the lawsuit, is expecting you to file a document appropriately called an “Answer.” In that Answer, you need to admit or deny every statement of fact that Midland Funding makes in the Complaint, and you should briefly state why you do not owe any money. Specifically, the three things you need to worry about when filing an Answer are:

  1. Admit or Deny All Allegations. You need to “admit” or “deny” each and every allegation in the numbered paragraphs in the Complaint;
  2. Assert Affirmative Defenses. If the debt was not in your name, you have already paid the debt, the company already forgave the debt, or the company is too late in suing you (i.e., the lawsuit was filed after the statute of limitations), then you need to assert those as “affirmative defenses;”
  3. Mail the Answer to Court on Time. Ensure that you mail the Answer to the appropriate court within the time allotted.

Those three steps might seem difficult – you may never have heard the term “affirmative defense” or “statute of limitations” before – but that is where you can easily get the help of SoloSuit.

SoloSuit makes it easy to respond to a debt collection lawsuit. SoloSuit is a step-by-step web-app that will ask you all the necessary questions to complete your Answer to a Complaint. When finished, you can either print the completed forms and mail in the hard copies to the courts. Or, even better, you can pay SoloSuit a small fee to file it for you, and also have an attorney review the document.

Do Not Let Midland Funding LLC Intimidate You with a Lawsuit -- Fight Back

As noted, many companies, including Midland Funding LLC, will file lawsuits against a consumer who owes a debt with the hope that the consumer will fail to respond. Don't be that consumer. Push back by simply showing up to court, and you will call their bluff. Let SoloSuit help you respond to the Midland Funding LLC lawsuit today. You have a way to fight back – and you can easily do it with the help of SoloSuit.

What is SoloSuit?

SoloSuit makes it easy to respond to a debt collection lawsuit.

How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.

Respond with SoloSuit

"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James

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>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance

What If I Haven't Been Sued Yet?

If you've only received a collections notice from Midland, but not a lawsuit, the best way to respond is with a Debt Validation Letter. When a debt collector contacts you in any way, whether it's by phone or mail, you can respond with a Debt Validaiton Letter. This letter notifies Midland that you dispute the debt and requires they provide proof you owe the debt. They can't call you or continue collecting until they provide validation of the debt. This flowchart shows how you can use a Debt Validation Letter to win.

Learn more about the Debt Validation Letter here.

How to win a debt collection lawsuit flowchart. Litigation Flowchart.

Get started with a Debt Validation Letter here.

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