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Midland Funding LLC

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

Midland is a 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 Funding LLC lawsuit then you should take action to protect yourself.

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 Funding, LLC 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.

Why Am I Being Sued By Midland Funding, LLC?
Midland Funding, LLC 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 Funding, LLC 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.

Robo-Signing Accusations
Another issue has to do with what is referred to as “robo-signing.” Midland Funding, LLC, as well as many other companies, have been accused of this practice. This means they have an employee sign hundreds of affidavits per day swearing that consumers owe money, and they have personal knowledge of it, despite only spending a few seconds on the affidavit. In Minnesota, Midland Funding, LLC settled a lawsuit against it filed by the state of Minnesota for $500,000 and other considerations. Because the courts are recognizing the problem with robo-signing, you may have a valid defense to the lawsuit. Midland was also sued by the Texas Attorney General and reached a settlement regarding a robo-signing lawsuit.

The employees signing these sworn statements are swearing that they reviewed your account data and the information in the lawsuit is true and accurate. In some cases, Midland Funding, LLC employees were signing 200 to 400 affidavits each day.

Every case is different. Often the best result is to settle the lawsuit with the help of an experienced attorney. Judges are often swayed by the evidence that creditors produce.

What Happens With a Judgment?
  • Bank Garnishment: Your bank account can be frozen and emptied by many judgment creditors
  • Judgment Lien: A judgment can often cloud title on your homestead property
  • Credit Report Damage: A judgment is published on your credit report as a “public record”
  • Property Sold: With a judgment, certain property can be sold at auction to pay towards the judgment
Do I Need a Lawyer?

With a Lawyer
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.

Without a Lawyer
The majority of collection lawsuits end up with a judgment against the consumer. Primarily because they did nothing to protect themselves or attempted to defend themselves.

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