Sued by Midland Funding, LLC?
Have you received a collection letter from Midland Funding LLC? or their alter ego, Midland Credit Management? or a telephone call? has a lawsuit been filed against you by Midland Funding in Pennsylvania? Fortunately, you have found this website and you have found a Consumer Attorney who is willing to help you defend your interests. My first piece of advice is to NOT negotiate with them or pay them until/unless you have spoken to a consumer attorney, whether its my firm or another. We have rarely, if ever, advised a client to make a payment to Midland Funding or Midland Credit Management. (There are very limited circumstances where you would negotiate, such as the debt amount being very small or there being a need to immediately improve a credit report).
Midland Funding is a company that buys bad debt (credit accounts that are in default are referred to as "bad debt") to try to make a profit. Midland buys large groups of allegedly defaulted credit card accounts for pennies on the dollar, sometimes for even less, for the sole purpose of attempting to collect whatever they can on those accounts from individuals just like you. They file hundreds of lawsuits daily in hopes of collecting on old debt claims that have been charged off by the original creditor. Yes, they really can do that, it is perfectly legal and it happens every day.
It is also perfectly legal for you to force them to prove a case, and, it is highly recommended. Please do not think that you "owe the debt" just because they say so or just because they can identify an old account of yours. You possibly owed some debt, to the original creditor, but you likely do not owe anything to this debt buyer.
Our approach to defending lawsuits filed by Midland is twofold. First, we defend the case based upon what I term a lack of legal sufficiency. In general, when a party files a lawsuit in Pennsylvania, there are several issues that need to be pleaded (placed) in the lawsuit. In other words, facts must be established by Midland that tend to prove that you had a credit account with some original creditor, that you defaulted on it on a certain date, that you agreed to pay a certain amount of interest, that you owe a certain amount,and most importantly, that Midland Funding has the right to sue you and collect on the alleged debt.
In my experience, I have found that the lawsuits filed by Midland Funding are usually legally insufficient, at least when they are initially filed. We object to these lawsuits on insufficiency grounds with great success.
In the unlikely event that Midland Funding is able to cure the insufficiency objections, we then move on to defending the claim on its legal merits, i.e. whether you actually had the account, whether you actually defaulted on it, when the alleged default occurred, et cetera.
While objections are the proper course of action in a Common Pleas case, if your lawsuit is filed at the local District Justice then things change quite a bit. There is no written reposne requirement at the magistrate level. We simply attend the hearing, armed with our massive amount of precedential case law, and go to work. The Midland attorney will likely be lacking in evidence and we will seek a judgment for our client.
We have also filed several FDCPA claims against Midland for unfair debt collection practices. If a representative of Midland has contacted your neighbors or employer or relatives, or has threatened wage garnishment, or has committed any other illegal act, please contact our office immediately.
Our firm has a great deal of experience in defending credit card collection cases. If you have been sued in any Pennsylvania county, by Midland Funding or another collection agency, our firm can help you defend this claim at minimal cost, with a great chance at success. Contact our office here, call me at 412-823-8003 or visit our Pennsylvania Credit Card Legal Center here.