Debt collectors often do whatever it takes to collect a debt. Threatening letters, harassing phone calls, and other legal and illegal tactics are just a few of the ways that debt collection agencies attempt to intimidate consumers into paying. When these methods fail, however, debt collectors sometimes file lawsuits against debtors. If you’ve been sued by Midland Funding, LLC, it’s important that you know what to do next. In this article, we discuss how to beat Midland Funding in a debt collection lawsuit.
What is Midland Funding?
Midland Funding is a company that specializes in buying consumer debt from other companies and then suing consumers to collect on the debt. Midland Funding’s business model, which is similar to many other debt collection agencies, is to purchase consumer debt at a steep discount. When Midland Funding successfully collects on a debt, it makes a large profit.
When Midland Funding Sues
As noted above, Midland Funding routinely sues consumers. Midland Funding’s expectation is that the consumers they sue will fail to respond or show up to court—and they’re correct. Shockingly, this is exactly what happens around 90% of the time. When this happens, Midland Funding wins the case, and the court forces the consumer to pay. Often, this is done through wage garnishment or other means.
Beating Midland Funding
As noted above, most consumers who are sued by Midland Funding fail to properly respond to the lawsuit. Therefore, the first step in beating Midland Funding is filing a response to the lawsuit, which is also called a “complaint” or “summons and complaint.” A response to a complaint is called an “answer.” When filing your answer, you should do the following:
- Admit or deny the allegations: In your answer, you must either generally deny all allegations made against you in one statement (usually the right choice) or admit or deny each allegation. Your debt collection lawsuit defense attorney will advise you on how to respond to the lawsuit.
- Assert affirmative defenses: Next, you must identify and assert affirmative defenses to Midland Funding’s allegations. This is particularly important if you have already paid the debt, the debt was not in your name, the debt has already been forgiven, or the lawsuit was filed too late. Your attorney will review the facts of your case and ensure that you assert the appropriate affirmative defenses.
- File your answer to the lawsuit with the Court within 30 days of notice: Count 30 days from the date you first received the lawsuit papers. Be sure to complete and file your answer to the lawsuit with the Court by this deadline if you have not reached a settlement with the debt collector. Calling the debt collector and “explaining” will not protect you.
Contact a California Debt Collection Lawsuit Defense Attorney
If you’ve been sued by Midland Funding, LLC, you need an experienced California debt collection lawsuit defense attorney in your corner. At the Fullman Firm, our debt collection lawsuit defense lawyers will help you stand up to Midland Funding. When you come to us for help with your California debt collection lawsuit, we will use our vast experience to aggressively defend you against Midland Funding. Please contact us to schedule a consultation.
