By: Robert J. Nahoum
You have just been served was a summons and complaint. Midland Funding, LLC or one of its affiliated companies is suing you for an old debt.
WHO IS MIDLAND FUNDING, LLC?:
Midland Funding, LLC is an infamous “debt buyer”, buying up portfolios of old debt from banks, credit card companies, hospitals, doctors, cell phone companies and car companies for pennies on the dollar. The debt buyers then try to collect the full amount from consumers, plus interest, penalties, late fees, overdraft fees, attorney’s fees and whatever other kinds of fees they can dream up.
Midland Funding, LLC operates under a variety of names including “Midland Funding of Delaware, LLC”, “Midland Credit Management, Inc.”, “Midland Funding Corporation”, “Midland Funding NCC-2 Corp.”, “MRC Receivables Corp.”. All of the Midland Funding, LLC companies are owned by Encore Capital Group, Inc., a public company traded on the NASDAQ: under ticker symbol ECPG.
Midland Funding, LLC and its affiliates regularly make debt collection phone calls from (800) 877-2377 and (800) 265-8825 and are located at:
8875 Aero Drive, Suite 200
San Diego, California 92123
Midland Funding, LLC and its affiliates are notorious violators of federal debt collection laws known as the Fair Debt Collection Practices Act (FDCPA) and are sued regularly by consumers for these violations. The FDCPA is a federal law that regulates the collection of consumer debts. It precludes third party debt collectors from using false, misleading, deceptive and harassing debt collection tactics.
THE PROBLEM WITH MIDLAND FUNDING, LLC:
To Midland Funding, LLC, you the consumer are no more than an entry on a spreadsheet, you are data. Unfortunately for Midland Funding, LLC, entries on spreadsheets are not enough to win against you in court.
In a debt collection lawsuit, Midland Funding, LLC always has the burden to prove that the consumer is responsible for the debt. To meet this burden, Midland Funding, LLC must prove that: (1) it has the right to sue you; (2) the debt is yours; and (3) you owe the amount for which you were sued. It is never the burden of the consumer to prove that he or she does not owe the debt.
To meet its burden, the proof submitted by the Midland Funding, LLC must be based on “personal knowledge”. Personal knowledge means that the person offering the evidence on behalf of Midland Funding, LLC must be a witness to the event shown in a particular document. For example, if credit card bills are offered into evidence on behalf of Midland Funding, LLC, the person offering the evidence must have personal knowledge of how the information in the credit card bill got there, how it is generated and how it is maintained. That person must have personal knowledge of the computer system and how it operates. If this person does not have such personal knowledge, the evidence is “hearsay” and it cannot be used.
Remember, to Midland Funding, LLC, you are just an entry on a spreadsheet. For this reason, Midland Funding, LLC routinely lacks the evidence necessary to prove its case and beat you in court.
WHAT YOU SHOULD DO:
If you’ve been sued by Midland Funding, LLC in a debt collection lawsuit, consider hiring a qualified attorney experienced in debt defense. The Law Offices of Robert J. Nahoum, P.C. routinely represents consumers in debt collection lawsuits brought by debt buyers like Midland Funding, LLC in New York and New Jersey.
As with all of our debt defense cases, The Law Offices of Robert J. Nahoum, P.C. analyzes debt collection cases brought by debt buyers like Midland Funding, LLC to determine if any violations of the FDCPA have occurred. If so, we recommend to our clients that suit be brought in Federal District Court on behalf of the consumer and against the debt buyer.
If a debt buyer like Midland Funding, LLC violates the FDCPA, you can sue it for statutory damages up to $1,000.00 plus actual damages (like pain and suffering) and your attorney’s fees. In FDCPA cases, The Law Offices of Robert J. Nahoum, P.C. doesn’t charge our clients a penny out of pocket.
If you need help settling or defending a debt collection lawsuit, stopping harassing debt collectors or suing a debt collector, contact us today to see what we can do for you.
The Law Offices of Robert J. Nahoum, P.C