Although debt collectors often lack the documentation necessary to win cases against debtors in court, they know that a high percentage of the people they sue will fail to show up. And when a debtor fails to show up in court, the debt collector automatically wins. The court then enters a default judgment in favor of the debt collector, meaning that the debtor must pay the amount allegedly owed. Often, payment is accomplished through garnishment of the debtor’s wages or bank account. One debt collection company that routinely sues debtors is Midland Funding LLC. In this article, we discuss strategies to get your Midland Funding lawsuit dismissed.
About Midland Funding
Midland Funding is a company that purchases consumer debts in bulk at a steep discount. After Midland Funding purchases a debt, it begins the collection process through Midland Credit Management. So, debtors may receive correspondence from either of these entities. When a debtor fails to pay back the money allegedly owed, Midland Funding may initiate legal action.
Dismissing a Midland Funding Lawsuit
Fortunately, there are several ways to dismiss a Midland Funding lawsuit, including:
Request proof of debt ownership: As noted above, if you’ve been sued by Midland Funding, this means that the organization purchased your debt from another party. So, there is a good chance that Midland lacks the documentation necessary to prove its case in court. After you’ve first properly responded to the lawsuit by filing a response with the court, you should send formal Discovery requests (not a simple letter), asking Midland to produce:
- Evidence that the debt is yours
- Evidence that it owns the debt
- Evidence that you owe the debt
- The agreement you signed with your original creditor
- Documentation demonstrating how Midland acquired your debt
If Midland is unable to produce any of this information, then the court will dismiss the lawsuit against you.
Request an alternative payment method: Another way to defend a Midland Funding lawsuit is to arrange a settlement. Typically, such an arrangement involves either paying back the entire amount in installments or paying back a percentage of the amount owed. Of course, if you don’t believe you owe the debt, you shouldn’t have to pay Midland anything. In addition, agreeing to pay a debt collector money can have legal ramifications, so always seek legal guidance prior to signing a settlement agreement.
Check the statute of limitations: Even if the debt in question is yours, you may not be liable for it if the applicable statute of limitations has passed. A statute of limitations is a law that establishes a deadline by which a legal action must be filed. In California, the statute of limitations for consumer debt is four years. So, if Midland filed its lawsuit outside the statute of limitations for consumer debt, you can assert this as a defense, and the court will dismiss the case.
Hire a debt collection lawsuit attorney: Finally, if you have been sued by Midland Funding, you should contact an experienced debt collection defense attorney for assistance. At Fullman Firm, our California debt collection lawsuit defense attorneys will pursue the successful resolution of your case. Our attorneys have a strong reputation throughout California for our litigation and negotiation skills, so we can provide you with effective representation regardless of the direction your case takes. Please contact us to arrange a free consultation.
