Does Midland Funding Show Up to Court?
Chloe Meltzer | December 02, 2022
Summary: Are you being sued by Midland Funding? Wondering if they'll even show up to court? Find out if Midland Funding shows up to court and why you need to be prepared.
If you are being sued by Midland Funding for debt, it may also appear on your summons as Midland Credit Management? You have most likely received notification of a lawsuit or bill from one of these companies, or a collection agency. If this is the case, you need to respond.
If you don't respond to a debt collector in the time allotted on your summons and complaint, then a default judgment will likely be entered against you. Additionally, depending on what was included in your contract with the original creditor, you may be liable for collections costs, as well as the creditor's attorney fees.
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What you need to know about Midland Funding
If you are wondering why you are being contacted by Midland Funding then this is most likely not a good sign. But if you are being contacted by Midland Funding regarding a debt from a different card company or creditor, it may be valid. This is because Midland Funding is a debt collector who often purchases delinquent or charged-off accounts.
Because credit card companies sell the accounts that they do not expect to collect on, Midland funding gets these for pennies on the dollar, which can be very good for you. Typically they have written these debts off as a loss.
In some cases, they can make some of their money by selling these accounts such as Midland Funding. Then this debt belongs to them and they will seek you out for your debt. This is the time when Midland Funding may lose the information they need to legally sue you because they will be required to obtain all of the legal papers showcasing that the debt belongs to you. Often this can be used as an affirmative defense.
Does Midland Funding show up in court?
Midland Funding's goal is to have a judgment placed upon you. The only way this can be done is by suing you, them showing up in court, and either hoping you do not show up or that you lose the case altogether. It has been found that Midland Funding does show up in court.
If Midland Funding appears in court on the date specified and you do not, then a default judgment will be placed against you. Judgments awarded to a creditor mean that they may garnish your wages, place liens on your property, and take money from your bank accounts. They may also collect funds in other ways that may prove detrimental to your finances. It is very difficult to remove a judgment from your record, and it will be reported on your credit report.
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Going to court against Midland Funding
It is very simple to respond to a debt collector through an Answer to a debt collection lawsuit. You will have anywhere from 14 to 40 days to respond and file your Answer to the debt collection complaint. When filing you should consider a few things:
- Admit or deny allegations: The answer involves responding to each allegation against you. You will need to either admit to them or deny the responsibility that is found in the Complaint.
- Assert affirmative defenses: Affirmative defenses are those that are non-negotiable in court. For example, if the debt belongs to someone else, you have already paid it, the company forgave the debt, or the statute of limitations has expired, then these are all legitimate affirmative defenses to include in your answer.
- Get it stamped and mail to the court: It is essential that you have your Answer stamped, and send a copy by certified mail to both the courts and the lawyer of Midland Funding.
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How to get your debt collection case dismissed
When a delinquency debt account is sold, the collection agency that buys the account often does not have all of the information required to prove that the debt belongs to you. This is because it is often more expensive to purchase the debt with all of the information attached. When they purchase the account without the information it is such a minimal cost that if they do not recoup the debt it is not a huge loss. If they can collect on the debt, then they will gain something regardless.
Because they cannot prove the debt if asked, the case is typically dismissed. The information that they are required to provide includes:
- That you are the one who accrued the debt
- That the amount is accurate
- That they own the debt
- That the debt is not outside of the statute of limitations
Even if the case is not dismissed, there is usually an opportunity to have the debt dismissed in court. Because Midland Funding is most likely not the original creditor, your debt is technically not much of a loss to them. Settling for less than you originally owe is an easy way for them to make some money on the debt, even if not all. In most cases, it will be reduced to a fraction of the original amount.
Before you show up in court
If you are being sued by Midland Funding, then it is essential that you take action. Learn your rights, look into the case, and realize that they may not even show up to the court date. Despite this, you will need to respond to the debt letter, ask for verification, formulate a response, and eventually show up in court.
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
>>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
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