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Does Midland Funding Show Up to Court?

Hannah Locklear | December 30, 2022

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

How most people feel about going to court against Midland Funding ^^

Summary: Midland Funding will show up on your court date hoping that you don’t. If you fail to respond to a debt lawsuit against Midland Funding, you will lose the case automatically and open the door for Midland to garnish your wages and take your property. You can fight Midland Funding before the debt is taken to court by sending a Debt Validation Letter. If you’ve already been sued, use SoloSuit to respond and increase your chances of winning by 7x.

Are you being sued by Midland Funding? You’re not alone.

Receiving a Summons for debt collection from Midland Funding is a serious legal matter, and you should take it seriously. If you fail to respond to the lawsuit, you run the risk of having your wages garnished and your property taken. Additionally, depending on what was included in your contract with the original creditor, you may be liable for collections costs, as well as legal and attorney fees.

In this article, we’ll explain everything you should know about Midland Funding and how to beat them in court.

Let’s get right to it.

Beat Midland Funding in court by filing an Answer into the case.

What you need to know about Midland Funding

If Midland Funding is calling, emailing, or contacting you in any way, you probably owe money.

Midland Funding LLC, also known as Midland Credit Management, is a debt collection agency that specializes in purchasing delinquent or charged-off accounts from creditors at a discounted rate and attempting to collect the debts in full. Because credit card companies sell the accounts that they do not expect to collect on, Midland Funding can acquire such accounts for pennies on the dollar. That’s right—Midland may purchase your old debt for as little as 4¢ per dollar.

When a debt is transferred from a creditor to a collector like Midland Funding, the documentation required to collect on that debt may be lost. Midland must obtain all of the legal papers showcasing that the debt belongs to you and that they have the right to pursue it, both in and out of court.

So, if you’ve never heard of Midland Funding when they contact you about a debt, it’s because you probably owed the money to someone else originally. This doesn’t mean that you actually owe Midland anything. Requesting a debt validation can help you confirm if you are actually responsible for the alleged debt.

Send a Debt Validation Letter to Midland Funding

You can avoid a lawsuit against Midland Funding altogether by sending a Debt Validation Letter.

When debt collectors originally contact you about a debt, they must validate the debt within five days of their initial contact. Otherwise, they are in violation of FDCPA §809. To validate a debt, they must include the following information:

  1. The exact amount owed.
  2. The name of the creditor to whom the debt is owed.
  3. A notice that the debt will be considered valid if it is not disputed within 30 days.
  4. A notice that the debt collector will obtain and send verification of the debt, or a copy of a judgment against the consumer, if the debt is disputed within 30 days.
  5. A notice that the debt collector will provide the name and address of the original creditor, if different from the current creditor, to the consumer upon request.

Midland Funding is known for trying to collect on debts when they technically don’t have the right to do so. For this reason, sending a Debt Validation Letter will force Midland to prove all the points above with proper documentation and evidence. If they cannot, they’ll probably cease collection efforts before the matter even comes close to a lawsuit.

Let’s take a look at an example.

Example: When Suzie received a letter from Midland Funding, she was confused. She had never heard of the company before, but after doing some investigating, Suzie found out that Midland had purchased her charged-off credit card debt from Bank of America. It had been several years since she had even thought about her debt with Bank of America, so Suzie decided to send a Debt Validation Letter to Midland Funding. When they received the request for debt validation, Midland Funding realized they didn’t have all the proper documentation needed to continue collection efforts. Suzie never heard from them again.

Check out this video to learn more about how a Debt Validation Letter can help you fight of Midland Funding debt collectors:

When you send a formal request for debt validation to Midland Funding, it can be a great way to avoid a lawsuit. However, you may have already missed the window. If that’s the case, don’t sweat it. You can still fight Midland Funding in court and win.

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, showing up in court, and either hoping you do not show up or that you lose the case altogether.

If Midland Funding appears in court on the date specified and you do not, then a default judgment will be placed against you. If you lose the case because of a default judgment, Midland Funding will have the right to garnish your wages and seize your property as a means to collect your debt.

It is very difficult to remove a judgment from your record, and it will be reported on your credit report. This is why you should never take a Summons for debt collection lightly. You should file an Answer into your case and attend any court hearings or trials.

Midland Funding does show up in court on a regular basis. However, if you respond to the lawsuit with a strong Answer, there is also a chance that Midland Funding will dismiss the case before the court date.

How to answer a Summons from Midland Funding

In a debt lawsuit, the collection agency is called the plaintiff, and you are the defendant. Once the lawsuit is filed and put before the court, you will not be able to respond by phone or a letter. Instead, you need to file a written, legal Answer. Here are 6 tips for drafting an Answer that will help you win your case:

  1. Don't need to give a detailed answer: The Answer is a brief document. It isn't the place to tell your life story or give your entire defense. Be as straight to the point as you can be.

  2. Never admit debt liability: The complaints document comes with numbered paragraphs. Respond to every paragraph. You have three options: deny, admit, or deny for lack of knowledge. As a rule of thumb, lawyers advise you to deny, deny, deny. Let the plaintiff prove your responsibility for the debt.

  3. List your affirmative defenses: These are reasons why you think the plaintiff is wrong to sue you. Assert your affirmative defenses for each paragraph. You don't make these up; there are options. For example, you don't owe the debt, you already paid part of it, the statute of limitations has expired, or you need the plaintiff to provide proof.

  4. Use standard formatting or "style: Court documents need to be formatted in a certain way. For instance, an answer will include the defendant's (your) name, physical and email address, name of the court, the identity of the plaintiff, case title, and case serial number. The spacing and page format should also follow an acceptable style for the answer to be considered professional. If you're having trouble, you can use SoloSuit's template.

  5. Include the certificate of service: A brief document containing the name of the court, the name of the plaintiff, and the date you're sending it. If the plaintiff has an attorney, you should serve the attorney and not the company.

  6. Make sure you sign the document: The document is null and void if you don't sign it. A signature means that you accept the document as true, or you have reason to believe that everything you filled in is accurate. You may print and sign manually or sign it electronically before you mail the letter.

Once you've completed these steps, make sure to file the official Answer with the clerk of court and send a copy to Midland Funding’s attorney. Use certified mail with a return receipt requested so that you are notified when both parties receive the Answer.

Now, let’s consider another example.

Example: Marco is being sued by Midland Funding. He uses SoloSuit to respond to the case. In his Answer document, Marco denies most of the claims against him. He also uses the expired statute of limitations as one of his affirmative defenses. Upon reviewing his response and realizing they had no right to sue, Midland Funding decided to dismiss the case. Since Midland Funding purchased the charged-off debt, they won’t lose a ton of money by dismissing the case anyways. Marco is free from the debt and having to go to court.

For more information, watch this video:

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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 Midland purchases an old debt account without the information, it is such a minimal cost that they won’t experience a huge loss if they lose in court. If they can collect on the debt, however, then they will probably make a pretty big profit.

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.

You can settle a debt with Midland Funding with SoloSettle. Our tech-driven approach helps you send and receive settlement offers, manages your settlement agreement documentation, and sends your payment according to the settlement contract.

Many consumers, like you, can end up saving thousands with debt settlement. Watch this video to learn more:

Settle a debt with Midland Funding before going to court.

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 debt validation, formulate a response to a court Summons, reach out to settle the debt, and eventually show up in court if you have to.

Midland Funding has a judgment against me—what should I do?

There is a chance that Midland Funding already has a judgment against you. Perhaps you never received notice of the debt lawsuit, or maybe you just barely failed to respond in time. Whatever the reason, you can file a Motion to Set Aside Judgment into the case to give yourself another chance to respond.

Check out our guide on How to File a Motion to Set Aside Judgment.

If you did know about the lawsuit, and you chose not to respond because you know the debt is owed, you can also reach out to Midland Funding to negotiate a settlement (even after a judgment is entered). This isn’t the smartest move, per se, but it can help you avoid wage garnishment and liens.

What is SoloSuit?

SoloSuit makes it easy to fight debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.

SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

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

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

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