Sued by Midland Credit Management?

We are a lawfirm that fights Midland Credit Management Lawsuits

Midland Credit Management is a debt buyer of charged off debt. The focus on debt collection against consumers. Midland may be showing up on your credit report or they may have served you with a lawsuit. Midland Credit Management is also related to Midland Funding LLC and they file thousands of debt collection lawsuits each year against consumers. Midland Credit Management will hire a local collection attorney to file the lawsuit.

Midland is a debt collector and they will rely on witness testimony in a “business record affidavit” when trying to prove their case against you. It is important to fully understand the rules of evidence when attacking these affidavits and any documents attached. If you have recently been served with a Midland Credit Management lawsuit then you should take action to protect yourself. They must provide adequest documentation from the original creditor when they sue you for debt.

If you look at the website for Midland Funding, LLC, you will not find an address or location.  The only contact information is a telephone number.  The Better Business Bureau has an address of 227 W. Trade St., Ste. 1610, Charlotte, NC 28202-1676 for Midland Funding, LLC.  The website states that Midland Credit Management, Inc. (MCM) services accounts on behalf of Midland Funding, LLC.  MCM is located at 8875 Aero Drive, Suite 200, San Diego, CA 92123.

Midland Credit Management is actually a subsidiary of Encore Capital Group located at 3111 Camino Del Rio North, Suite 1300, San Diego, CA 92108. Based in San Diego, California, Encore Capital Group has additional offices located in in Arizona, Minnesota, Texas, India, and Costa Rica. Encore is one of the largest debt collectors in the United States.  Other affiliates include Midland Funding LLC, Midland Funding NCC-2 Corporation, MRC Receivables Corporation, and Midland Recovery Corp. Encore capital group is a publicly traded company whos primary goal is debt collection.

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Why am I being sued by Midland Credit Management

Midland purchases old debts from other companies.  For example, if you defaulted on a credit card bill, the credit card company probably tried to collect the debt and turned the account over to a collection company before charging off the account.  It has been years since you heard from the credit card company but now you are receiving calls from another company stating you owe them the money for the credit card account.

Midland Credit Management paid the credit card company pennies on the dollar for what you owed on the account to purchase the debt.  Midland makes money by collecting the full amount owed on the account from you, including fees and costs that it typically adds to the account, because it only had to pay a fraction of what you owed to purchase the account. Midland buys thousands of charged-off debts throughout the country each year.

Midland Credit Management, Inc. (MCM) services the accounts for Midland Funding, LLC; therefore, you will usually get a call and/or correspondence from MCM notifying you of the debt and demanding payment in full.  If you ignore the collection attempts by MCM, Midland Funding, LLC will eventually take the account back from MCM and file a lawsuit to collect the amount.  A judgment gives the company more leverage in collecting the debt and they will be able to garnish your bank account.

How to Defend against Midland Credit Management

If you have been sued by debt collector Midland Credit Management, it means that Midland Credit Management has taken legal action against you in an attempt to collect a debt that they claim you owe. When you are sued by a debt collection agency, it is crucial to take the matter seriously and respond appropriately when being pursued by Midland Credit Managementfor unpaid credit card debt.

Do Not Ignore the Lawsuit: Ignoring the debt collection lawsuit for consumer debt will result in a default judgment against you followed by potential garnishment of your bank account or wages depending on state collection laws.  A lawsuit is much more important than simply having Midland Credit Management show on your credit report.  A low credit score is not nearly as critical as a default judgment for not responding to a debt collection lawsuit. 

Hire an attorney on a Flat Fee – When legal action has been taken, navigating the Court process for a debt claim can be complicated when served with a debt collection lawsuit.  Getting legal advice is key.  Additionally, you will likely be required to appear in Court one or more times. If you hire an attorney they will likely be able to appear for you. You should know what the fee is going to be and avoid paying a lawyer by the hour since this could get very expensive.  Being a defendant in a debt collection lawsuit is not a fun process.

File a Response to the Complaint: When you are sued by a plaintiff debt buyer like Midland Credit Management on an alleged debt, You must respond to the lawsuit by filing an answer with the court within the specified deadline (usually 14-30 days from service). The deadline varies depending on what Court the case was filed in. In your answer, you generally must deny the allegations of Midland Credit Management or you will admit the debt.

List Defenses:A Midland Credit Management lawsuit  requires a response, just like any lawsuit for bad debt.  In your answer, you can also assert any valid defenses you may have, such as disputing the debt’s accuracy, claiming the debt is past the statute of limitations, or arguing that you’re not the responsible party.  As the defendant, you must properly assert your defenses.  Midland Credit Managementmay not be able to show adequate documentation from the original creditor.  If so, you need to explain this to the judge as the defendant. 

Attend Court Hearings (or hire an attorney): When legal action has been taken against you by a debt buyer for credit card debt, the Court will likely set deadlines and hearings in your case. Make sure to attend all scheduled hearings and proceedings and handle all deadlines. This is another reason why it is wise to hire an attorney who focuses on debt lawsuit defense.  Getting legal advice regarding consumer protection can go a long way in defending against a debt collector in a debt collection case.

Comply with Court Orders: Follow any court orders or judgments. Failure to do so can result in additional legal consequences.  This is different from the debt collection laws that creditors must follow prior to the debt collection lawsuit being filed.

Prepare for Trial: A debt collection lawsuit often ends up in trial.  If negotiations fail and the case goes to trial, work with your attorney to prepare a strong defense and gather evidence to support your position.  This is why it’s important to get sound legal advice when faced with a debt collection lawsuit filed by a debt collection agency like Midland Credit Management  Many times they have not provided adequate documentation from the original creditor.  When they buy debt as a debt buyer they are required to provide some documentation at trial.

Negotiate a Settlement: Midland Credit Management lawsuits are serious if you don’t handle them correctly. Your attorney may be able to negotiate a favorable settlement of the claim as opposed to leaving it up to the judge at trial. This is often a wise resolution to eliminate the risks of trial but you must make sure there is a valid written settlement agreement to ensure the bad debt is actually resolved.   The last thing you want is to settle then have Midland Credit Management come after you later claiming more unpaid debt. 

Consider Bankruptcy:  If you have more debts other than just Midland Credit Management debt you should consider Bankruptcy as an option.  A Bankruptcy an relieve your obligation of Midland Credit Management lawsuits and other bad debt.  This includes credit card debt and other consumer debt.   At Weston Legal we offer a variety of debt relief options in select jurisdictions.  Contact us to see if we can assist with your situation. 

What Happens With a Judgment?

Your Bank Account Can Be Frozen and Emptied by Many Judgment Creditors

A Judgment Can Often Cloud Title on Your Homestead Property

A Judgment is Published on your Credit Report as a “Public Record”

With a Judgment, certain property can be sold at auction to pay towards the judgment

Do I Need a Lawyer?

Without a Lawyer

Default Judgment
The vast majority of collection lawsuits end up with a judgment against the consumer. This is primarily because the consumer did nothing to protect themselves or they attempted to defend the lawsuit themselves.

With a Lawyer

Default Judgment

Most of our cases are dismissed by the creditor prior to trial or we reach a favorable settlement for our clients depending on the circumstances of their situation.

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