Author Topic: Midland Funding ?????  (Read 348 times)

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GeerGirl

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Midland Funding ?????
« on: November 11, 2017 05:19:12 PM »
Hi all, I'm new here so please forgive me if I have posted this in the wrong place.
Long story short.... Three years ago I was diagnosed with stage 3 breast cancer. At that time I was forced to close my successful business that I had been running for several years. Unable to work during  treatment and still not back at work, nearly three years with no income has done a real number on my credit. I have been overwhelmed with daily calls to my cell phone from creditors and bill collectors. I quit answering for anyone I don't know. When notices arrive in the mail, I typically toss then in the trash unopened. There is no money to pay them and frankly I'm sick of receiving them.  Today, for some reason, I opened a letter from a law firm claiming that they are contacting me because on Nov 1 2017, in Collin County TX, Midland Funding Llc filed suit against me. Out of curiosity I started searching the Web about Midland and have read all kinds of info about their illegal debt collection practices. Frankly, I'm scared. I am finally reaching a point health wise where I am able to get back to work and am actively seeking employment. I dont want my bank account garnished when I finally start making money again. And I certainly don't want a judgment on my credit report.
I'm reading that I can fight this myself...but I have absolutely no idea where to begin.
The letter I received doesn't have any info as far as the original creditor, age of the debt etc.
Any guidance or advice here wold be greatly appreciated.
Thanks in advance.

nobk4me

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Re: Midland Funding ?????
« Reply #1 on: November 11, 2017 08:44:54 PM »
First, you need to find out the details of the lawsuit.  Does the court have a website?  If so, that can provide you with some of the details.  After you have been served you will know for sure what was filed with the court.  You will have the opportunity to answer the lawsuit, after you have been served.

Second, depending on the OC and the terms of the agreement, arbitration may be available.  This is a good way to stop a JDB.

Third, look at  Midland's consumer bill of rights:

https://www.midlandcreditonline.com/who-is-mcm/our-pledge/

Specifically:  -We suspend collection activities when a consumer demonstrates that he or she is experiencing significant financial hardship due to medical issues.

It might be worth a try to contact the Midland attorney and explain your illness and hardship.

Fourth, you need to change your approach to this.  I'm not trying to be harsh, but "head in the sand" is a poor strategy.  Throwing dunning letters away, unopened, was a huge mistake.   There may have been FDCPA violations in those letters that could have allowed you to sue the collector, collect $1000, and get on WebRecon, which is the list you want to get on, so the debt collectors will leave you alone.  Or you could have sent a DV letter in response to a dunning letter, and the collector could have violated after that.

I'm not saying these mistakes make this situation hopeless, but successfully fighting creditors is a long term process that starts with the first dunning letter.  Then you send the DV/dispute letter, by certified mail.  Keep records of everything.  Know your consumer laws.  Many CAs will violate, but you have to catch them at it.

You can't undo the mistakes of the past, but you can resolve to do things better, starting now.
Molon labe

Judgment Proof!

CleaningUp

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Re: Midland Funding ?????
« Reply #2 on: November 11, 2017 09:58:03 PM »
The Texas Finance Code has some very effective tools for dealing with debt buyers, and Midland is a debt buyer.  Become very familiar with it and the burdens that it puts on them.

Ask questions if you don't understand what it says and means.  Remember, though, while you are doing your reading, the law means what is SAYS, not what YOU THINK it says.  (That can be a difficult concept for people just getting their feed in the collections waters.)

Above all, there is no need to panic.  You're going to have time to do the learning you need to do.  They have to serve you first, and then it has to go to trial.

You also need to look into what constitutes exempt income and exempt assets in Texas.  Those represent the things you can keep, even IF they get a judgement and want to collect.

Read the FlyingIFR Method, you can find it on DB's home page.  It will give you some of the ground rules and philosophies that you will need to be effective in your own defense.

One caveat when you are reading, either here or elsewhere.  Recent directives by the Consumer Finance Protection Board are forcing debt sellers to provide debt buyers with more complete information on the debts involved in the transaction.  This makes it more difficult to challenge the evidence being provided, but it doesn't mean that you can't do so.  It does mean that you're going to have to work harder to find the reasons to get their evidence excluded.


GeerGirl

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Re: Midland Funding ?????
« Reply #3 on: November 13, 2017 05:29:46 AM »
I thank you both for taking the time to respond to my post. Agreed, I have handled the situation in the worst way possible. Typically I handle things proactively. I'm not saying it's a good excuse, but I had too much on my plate with the illness, treatment and all that has come with it.
I appreciate you both giving me a good starting point for dealing with this.

Flyingifr

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Re: Midland Funding ?????
« Reply #4 on: November 13, 2017 03:30:11 PM »
And while you are learning, remember that TX is probably one of the most debtor friendly states in the country. No wage garnishment in Texas. Learn the Bankruptcy exemptions allowable in Texas because what is exempt in Bankruptcy is also exempt from levy just in case a creditor does get a Judgment. YOu will find a link to the Bankruptcy exemptions in the Flyingifr Method.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Debtors Exams are the perfect place for us Senior Citizens to show off our recently acquired Alzheimers.

Founder of the Credit Terrorist Training Camp (Debtorboards)

GeerGirl

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Re: Midland Funding ?????
« Reply #5 on: November 14, 2017 03:24:51 AM »
Thank you Flyingifr! That's good info to know.
 Two new letters came in today from law firms offering their assistance in this matter. I have a feeling the lawyes are going to be just as big a <pain> as the CA and JDB's  I'm so thankful to have stumbled onto this forum so as to arm myself with the knowedge I need to deal with this.



Admin Note:  Inappropriate abbreviation changed.
« Last Edit: November 14, 2017 07:30:02 PM by Admin0248 »

bigbankssuck

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Re: Midland Funding ?????
« Reply #6 on: November 14, 2017 08:09:58 PM »
I have 4 charge-offs with Midland as of the past 4 months, get their UPS overnight letters but no lawsuits as of yet. As far as I can tell they are unprepared in court half the time and the judges throw it out.

As for the attorneys, find a good one and hire him. I wouldnt go to court without an attorney, and make sure he can appear for you and you can stay at home so they can't call you as a witness!

BellEbutton

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Re: Midland Funding ?????
« Reply #7 on: November 14, 2017 08:11:33 PM »
I have 4 charge-offs with Midland as of the past 4 months, get their UPS overnight letters but no lawsuits as of yet. As far as I can tell they are unprepared in court half the time and the judges throw it out.

As for the attorneys, find a good one and hire him. I wouldnt go to court without an attorney, and make sure he can appear for you and you can stay at home so they can't call you as a witness!

You are misinformed.  You can be called as a witness via subpoena.

GeerGirl

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Re: Midland Funding ?????
« Reply #8 on: November 15, 2017 06:10:52 AM »
I have 4 charge-offs with Midland as of the past 4 months, get their UPS overnight letters but no lawsuits as of yet. As far as I can tell they are unprepared in court half the time and the judges throw it out.

As for the attorneys, find a good one and hire him. I wouldnt go to court without an attorney, and make sure he can appear for you and you can stay at home so they can't call you as a witness!

I haven't worked for three years due to illness. There is no hiring an attorney. It's impossible. I don't know one that will take my case pro bono.

GeerGirl

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Re: Midland Funding ?????
« Reply #9 on: November 15, 2017 06:22:11 AM »
Today while I was out at a job interview, a process server paid a visit to the house. I've been busy reading the boards here trying to gather information before I formulate my plan. I checked the Collin County website, but found no information other than Midland filed a suit. I still have no idea who was the OC, just that the debt amount is around $1700.

If I contact Midland to seek relief due to medical hardship, do I need to do this in writing or by phone?  And, what do I need to be cautious about saying to them?

A

nobk4me

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Re: Midland Funding ?????
« Reply #10 on: November 15, 2017 09:45:10 PM »
Today while I was out at a job interview, a process server paid a visit to the house. I've been busy reading the boards here trying to gather information before I formulate my plan. I checked the Collin County website, but found no information other than Midland filed a suit. I still have no idea who was the OC, just that the debt amount is around $1700.

If I contact Midland to seek relief due to medical hardship, do I need to do this in writing or by phone?  And, what do I need to be cautious about saying to them?


I would only communicate with them in writing, or email.  Better control and documentation of the communication that way.  I would wait until after you have been served to contact them.  Contact their attorney, who will be identified in the lawsuit papers.  I would cite Midland's consumer bill of rights, thoroughly describe your medical issues, with documentation,  and ask that Midland suspend collection activities, and dismiss the lawsuit, in accordance with their stated policy.

Don't mention that you are trying to find a job. 

Note:  if you contact their attorney about medical hardship, you still need to answer the lawsuit. 
Molon labe

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GeerGirl

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Re: Midland Funding ?????
« Reply #11 on: Yesterday at 06:48:36 AM »
I would only communicate with them in writing, or email.  Better control and documentation of the communication that way.  I would wait until after you have been served to contact them.  Contact their attorney, who will be identified in the lawsuit papers.  I would cite Midland's consumer bill of rights, thoroughly describe your medical issues, with documentation,  and ask that Midland suspend collection activities, and dismiss the lawsuit, in accordance with their stated policy.

Don't mention that you are trying to find a job. 

Note:  if you contact their attorney about medical hardship, you still need to answer the lawsuit.

Thank you, that's what I was thinking however, I don't assume anything at this point so thought I'd ask.

The website offered no information. about a court date etc. I'm frequently away from home and my fear is that the process server will miss me again and I'll miss a court date. I suppose I could just go to the courthouse in person and find out exactly what's going on. On one hand, I feel like dragging it out and making it harder for them. But then again, I'm anxious to getthe info and start moving forward. Not sure which would be my best course of action.

nobk4me

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Re: Midland Funding ?????
« Reply #12 on: Yesterday at 09:06:59 PM »
My theory is delay is always good for the debtor, so dragging it out can help.  The lawsuit can't go anywhere unless and until you are served.  There won't be a court date if you aren't served.

But, note, there are other ways to effect service, such as service by publication (a notice in a newspaper).  It depends on your state's laws.

The court's website should indicate the status of the case as time goes on, and should include things like scheduled hearing dates.
Molon labe

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GeerGirl

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Re: Midland Funding ?????
« Reply #13 on: Today at 04:08:07 AM »
Oh, I see. You all are a wealth of information here. I realize just how little I know about this.
Again, I am so grateful to have stumbled onto DB.

GeerGirl

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Re: Midland Funding ?????
« Reply #14 on: Today at 03:53:42 PM »
Just sharing a bit of info I discovered this morning and FYI for anyone dealing with a similar issue in Texas. The courts can effect service simply by leaving the paperwork on your door.
 Also, depending on in which court the suit has been filed, a defendant either has 14 days or 20 days to formally file an answer.

Note- In Texas, a hand written leth
ter to the judge is sufficient as an answer and does not need to be witnessed or notorized.