Been Sued By Midland Funding In A Collection Case?
Been Sued By Midland Funding In A Collection Case?
Midland Funding, LLC, files either the most lawsuits in Alabama or the second most (behind Portfolio Recovery).
So if you have been sued by Midland, what should you do?
Make Sure You Don’t Let Midland Win By You Defaulting
Not answering the lawsuit is the easiest way, and sometimes the only way, for Midland to win against you.
Amazingly, about 80% of all consumers who get sued by Midland . . . do . . . nothing.
If you do nothing, you will lose.
If you lose, this means a judgment (default judgment) is entered against you.
How Can You Tell If Midland Owns The Debt It Sued You On?
There is no way that I know of for you to be able to know if Midland owns the debt.
Midland claims to purchase debts.
OK, that’s fine.
All it has to do is show the proof that it purchased the debt.
But in the hundreds of cases I have had with Midland, it has refused to produce the proof.
It seems it won’t even give its own collection lawyers Moxley & Associates (formerly Holloway & Moxley) the proof.
So . . . if it won’t give you the proof and won’t even give its lawyer the proof . . . and if it won’t give the court the proof . . . then how in the world could you know, with certainty, that Midland owns your debt?
Of all the cases I have had with Midland, I have never seen it prove it owns the debt.
Maybe every other case it files it shows it owns the debt and it has just been all of my cases it doesn’t.
But that doesn’t seem too likely, does it?
So, What Do You Do?
You go over your five (5) options. See which option is best for you and then you pick that best option.
- File bankruptcy (not recommended except in most extreme situations)
- Fight the case on your own (this can be good)
- Settle the case on your own (not a big fan of this)
- Hire a lawyer to fight the case (make sure the understand the cost and benefits)
- Hire a lawyer to settle the case (again make sure you know the good and the bad of this option)
We have a long video and transcript here on your five options. This includes many frequently asked questions.
Contact Us.
If you live in Alabama,we can help you understand the advantages and disadvantages of each of these five options.
We can also talk with you about your option of suing Midland Funding (and Midland Credit Management) for filing a bogus lawsuit against you (if they did) and false credit reporting.
Normally at any given time, we have a number of active federal court lawsuits against these two Midland companies for breaking the Fair Debt Collection Practices Act (FDCPA) and Alabama state law.
Give us a call at 205-879-2447.
Or let us know by filling out our contact form that you want to chat.
I look forward to chatting with you!
Thanks for reading, and have a great night!
I have been sued by midland and am now in debtors court. What can I do to get my money back?
I don’t think I understand your question. If you are in a Chapter 13 Bankruptcy (Debtor’s Court) then your bankruptcy lawyer may be able to help you handle any collection lawsuits.
If you have a judgment against you by Midland, then that judgment will normally be paid through the bankruptcy court.
If you could let me know what your question is and put some details, I’ll be glad to try to answer it.
Thanks!
John Watts
Birmingham, Alabama
My husband is being sued by Midland Funding LLC, their attorney is Richard Gwin Moxley III. We replied to the summons saying we have no idea who Midland is or what debt they are referring to. The only response we got was a card in the mail stating out court date, which is set for mid October. We’re worried about being garnished, as we are a one income family barely making ends meet as it is.
From everything I’ve read online it looks like we need a lawyer, but we struggle just to pay for medications. There’s just no way we can afford a lawyer.
I’m assuming worst case scenario is the garnishment of wages, but we really need to avoid this.
I’ve never felt so stupid and helpless in all my life and we’re extremely worried, frightened, and nervous. Is there any hope for us at all?
~Shannon
Shannon,
Sounds like you did the right thing in your answer.
You only get garnished if you lose the case.
Contact my office and we’ll send you some information that may help you if you decide you need to handle the case on your own.
As far as “hope” — we have people all the time beat Midland Funding at trial. When that happens, we normally can sue Midland in federal court so yes you do have hope. You could lose but you could also win so keep taking action and keep up your hope.
Give my office a call for free information we can send you or I’ll be glad to talk to you about this. 205-879-2447.
Thanks for your comment.
John Watts
I called and left a message. At this point, I almost feel like we have no choice but to get a lawyer, because now Midland is coming after us AGAIN for a very similar amount through ANOTHER law office in B’ham.
I got a notice and was served ,that midland funding was suing me …Not aware of this company ..not sure how to handle this …any suggestion ?
Talmadge,
If you were sued in Alabama, be aware of time limits. 14 days to answer on small claims or district court. 30 days in a circuit court case.
You need to think through your five options:
*File bankruptcy
*You fight the case
*You settle the case
*Hire a lawyer to fight the case
*Hire a lawyer to settle the case
Normally one or two of these will be a good option based upon your unique situation. Feel free to call my office if this is a suit in Alabama — you can call us at 205-879-2447 and ask to speak to Carolyn who can take your information down, look up the suit online, and then set up a phone or in person meeting with me so we can discuss your five options.
Best wishes….
John Watts
I Received this letter in the mail a few days ago, thought to myself who in the heck is Midland does not sound like Citi Bank, or Capital One etc… so I ask my self must be a scam… then this yellow noted document arrives at my door I personally did not answer but non the less it was wadded up in my door handle.. from, VanSlam INC. Now my first action is to online investigate who these companies are.. and still it’s a mystery..so I call the Law offices of my super heroes Watts & Herring, LLC now I wait for the call back to determine my future on this Earth. Chapter 13/7 or just plain helllllllp. Thank you. Saterday call appreciated ,Saw the online vids, I await your help TY!!!!!!!!
Welcome — be glad to chat.
VanSlam does a lot of serving for Midland Funding which is one of the most common filers of lawsuits — about 100 a week in Alabama.
Normally bankruptcy is not the best option but we’ll be glad to chat with you and figure out the best option for you.
I think Carolyn in my office has set us up a call — talk soon!
Thanks
John Watts
I had a judgement and bank levy against me by Midland Funding. I looked into it and the debt was from 2001. I always thought that you could only collect on a debt for up to 7 Years. How can I fight this and get my money back? A friend suggested a Motion to Vacate the Judgement. Can I do this myself?
Thanks
Alt
Alt,
The time to sue is either 3 or 6 years.
The time to credit report is 7 years after you default (usually maximum of 6 months delinquent triggers the 7 years).
They can collect anytime as long as don’t suggest/imply/threaten to sue or credit report which is very difficult for them as they almost always do things to imply they will credit report or sue.
So in your question we would need to know when the judgment was entered against you by Midland.
If you “defaulted” back in 2001, then Midland would need to have sued you by 2004 or 2007 at the latest. Now if it did that, and received a judgment, and is now garnishing your bank account, then that will normally be ok. There is no statute of limitations on collecting a judgment — as long as the judgment is valid it can be collected on.
Let me know either in the comments or by calling us at 205-879-2447 what the situation is you are facing — when you were sued, when the judgment was entered into, etc.
If the judgment is improper for some reason, you can file a motion to vacate. I think you will have much more success with hiring a lawyer rather than doing this yourself — you’ll need to balance out that angle with the legal fees and also what the value is to you to get rid of the judgment.
Best wishes whichever way you go…. Thanks for your comment.
John Watts
I received a letter in the mail from some Mediator company saying that Midland has filed a lawsuit against and I will be served the Complaint shortly. I don’t even know who Midland is! They give a case number but I still don’t recognize Midland or the amount claimed to be owed, what should I do? I have not received any official Complaint documents. Thank you
Jenny,
If you are in Alabama then it is probably it is probably “Ferry & Nicholas” — here is an article about this “mediation” company.
Midland is a company that buys up — so they claim — old debt. Particularly credit card debt. And then they sue consumers.
If you are in Alabama, call us at 205-879-2447 and ask to speak to Carolyn. She can look up the case on the Alabama Court system and see if you have been sued, for how much, etc.
The next official step is for you to be “served” which means the lawsuit is delivered to you by a sheriff or private person called a “process server”….
It is very important that you do NOT ignore this — Midland wins if you do.
Instead, you want to take action.
In essence you have 5 options — you can read about them and watch a 24 minute video here on your five options when sued. We represent consumers who are sued anywhere in Alabama and you do have options other than paying Midland.
Give us a call and we’ll find out about the lawsuit and then go over your options with you so you can discover which one is best for you.
Best wishes and I’ll look forward to talking to you soon.
John Watts
205-879-2447
Birmingham, Alabama
I was served by portfolio in August I sent an answer in the given time.I haven’t heard anything from them and it’s now December.Does that mean they will not pursue my case.
Thanks!
Jeff,
Every court is a bit different on how fast (or slow) things move and how often you will hear from the judge.
The few months you mentioned would be unusual in Alabama if you were sued in small claims or district court. It would be quite normal in circuit court which is where we have jury trials, etc.
I believe you are in Florida so I don’t know the time frame but I will say this — normally Portfolio Recovery (or Midland or LVNV, etc.) does not give up without facing some type of fight. Here it is often when they show up at trial, hoping you won’t.
But you show up.
Then they want you to agree to a judgment.
But if you don’t this means you go to trial.
That is not what they typically want and normally they are not prepared to deal with this.
So here’s what consumers typically do when in your situation:
**Call the court to make sure you haven’t missed any hearings and see what is scheduled in the case
**Get with a consumer or financial protection attorney in your state to find out your options.
Best wishes!!
John Watts
I’m in Florida
Hello John, I have a judgment against me from Midland Credit in early 2006. I was foolish, unemployed and scared and did not answer or attend court. About a year later, I received another summons from them because the new owner of my deceased father’s home, of which I was never a resident, nor had every used that mailing address told our small town sheriff where I actually lived. I answered that and heard nothing else on that case. I am not even making minimum wage and have been a single mom not receiving child support all of this time. I would like to be able to open a bank account and try to obtain a better job without the dark cloud of garnishments pending. They have not been able to collect anything on this judgment in eight years. If I were to contact Midland who would I call and if I were to try to make a settlement with money from my tax refund, and we couldn’t reach a deal, would they then begin the heavy harassment tactics again thinking I now have money because that is not the case at all. This may be their best chance to collect something actually.
Is Midland and Portfolio Recovery the same companies ?
Ivon,
Thanks for your question.
To my knowledge Midland Funding and Portfolio Recovery are different companies. The similarity is they both file about 100 lawsuits a week. In Alabama. So you can imagine the number they file all over the country.
They also both tend to show up at trial with little or no proof.
They both credit report on debts they allegedly have bought.
They also both have been sued many times by my firm for violating the law, particularly the Fair Debt Collection Practices Act (FDCPA). As of the time I’m writing this we have 5 pending federal court cases against Midland with several more to file. And we are about to file about 5 federal cases against Portfolio Recovery.
So not the same company but lots of similarities.
Have you had the same debt collected by both companies?
Thanks for your comment/question and hope my answer helps. Let me know if you have any followup — if you live in Alabama and want specific thoughts call my office at 205-879-2447. Otherwise feel free to comment here. Thanks!
John Watts
Birmingham and Madison Alabama offices
I was served notice on 1/10/2015 that I was being sued by Midland Funding LLC. I answered today by hand delivery to the small claims office in the town/county I live in, Tuscaloosa. The papers state that I defaulted on a credit card that I applied for on or about 11/19/02, which I have no memory of and that I used the credit card and defaulted under the agreement by failing to remit payment when due. Then the letter goes on to state the account was charged off to loss on or about 12/21/09. Even though I do not owe or own any credit cards, I would think the Alabama statute of limitations would apply here wouldn’t it? What is a “Time Barred Debt”? Does that apply?
I have no recollection whatsoever of applying for any type of credit, let alone a credit card in the past 15+ years. I don’t work and haven’t in a number of years.
I may not know exactly what kind of company Midland Funding is, but I can read that it’s a sham of a company without honest business ethics.
Thank You For Your Time,
Wanda
Wanda,
Thank you for your questions — I’ll be glad to answer them.
Midland Funding LLC files many lawsuits every week in Alabama — almost all of them on defaulted credit card debt that Midland claims to have bought.
There are two major issues:
**Do you owe the debt that Midland claims to have bought?
**Does Midland actually own the debt that you owe?
If either one of these questions is answered “No” then Midland loses.
Sounds like you have serious doubts about even owing the debt that Midland has sued you on. This is a solid reason to deny the allegations of the lawsuit — this is box “D” on the form Answer you should have received.
You should pull your credit reports at http://www.AnnualCreditReport.com and see what your reports (Equifax, Experian, and TransUnion) say about this Midland debt and see if the original creditor (whoever that is supposedly) is showing up on your credit reports. We have situations where there was no original creditor as we never had the credit card but yet Midland is showing up. This can be very helpful.
Even if you did owe the debt, and it sounds like you don’t since you haven’t applied for a credit card in the last 15 years, then Midland would have to show it owns the debt. In this, Midland struggles mightily to prove ownership. There are a number of reasons but they are not important. What is important is if Midland doesn’t show it owns the debt, then nothing else matters.
Finally there is the issue you brought up of the statute of limitations. We say it is 3 years from when you defaulted, the collection companies argue it is 6 years.
If it is 3 years, then it would be too late to sue you after about 2012. If it is 6 years then you were probably sued in time.
I suggest you raise this as a defense but in all the years and hundreds of cases I have handled, I don’t ever recall specifically arguing this defense. No need to get to it if Midland can’t show you owe the debt and can’t show it owns the debt.
You asked what is a “time barred debt” — it is a debt that the statute of limitations has run out on so that the debt buyer (Midland here) can not sue you. Can not even threaten to sue you. If it sues or threatens to sue after the statute of limitation expires (so it is a “time barred debt”) then this will normally violate the Fair Debt Collection Practices Act (FDCPA).
If you have not watched it, I suggest watching our 24 minute video on your five options when sued. You can also call my office at 205-879-2447 and we’ll be glad to help you think through your options — we handle quite a few cases in Tuscaloosa county. You likely won’t need to hire us — you can handle this on your own if you are willing to put in the work and time to do so. Based on your comment/questions, I’m confident that you are willing to do that!
Thanks again for your questions and your comment and I look forward to hearing from you. Let us know how your case turns out also — thanks!
John Watts
I have a judgment on me from asset acceptance. But the company midland credit management is who I recently went to court with because they froze my bank account back in june. July 1st we went to court for exemption and they got the contents of my savings account but were to release back to me my checking and 3 minors savings accounts that were linked. It is now August 4th and they have yet to send the documents to the judge to release my accounts. I have called the courthouse once a week asking what is up. I sent a notice to the judge and midland informing the judge they have yet to follow through with the verdict. I have also talked to the judges assistant multiple times and she keeps saying they can’t get ahold of these people. I have since had a lawyer try to settle this with them and they refuse to call him back either. Is there a time limit on how long they have to provide documents to the judge? seems so unfair that they can take all this time. I also called them after court to get a balance and it was way more than my court docs and they refuse to mail me a print out of the extra charges they say I owed. Interest was only to be 8% yearly according to court documents and they said its 8% daily. Help please. I am so over it. Can I ask the judge to vacate/dismiss the verdict and drop the garnishment and the judge release all my accounts and funds to me?
Mandi,
Thanks for your comment/question and I’m sorry you are dealing with this now.
If you have a lawyer, have the lawyer contact the lawyer for Midland. As far as settling, there is no requirement or time limit to settle. That is something both sides simply do if they want to and can agree on a settlement.
If you were served and received a default judgment or you went to court and lost, then you normally cannot (at least in AL) ask the judge to get rid of the judgment. It is a fact there is a judgment.
Now on the garnishment, if the money being sought is too much (i.e. interest rate is wrong) or if the funds are exempt, etc. then yes you can file a motion to get help with that. A motion is simply a written request for the judge to do something and you copy the other side.
Get with your lawyer on this and hopefully you can get this squared away very quickly. Sorry for the trouble you are having….
John Watts
I received a small claims court notice earlier in the year from Holloway & Moxley LLP representing Midland Funding, LLC for a debt I have no idea what it is for. To prevent going to court, I contacted Holloway & Moxley to settled, but they only wanted to make payment arrangements. I attempted to pay as agreed, but was not able to keep up the payments. Now they’ve filed to garnish my wages! Is there anyway to prevent this from happening?
Pam,
If you don’t meet the requirements and there is a consent judgment, garnishment happens. I don’t know how you settled — if it was a normal settlement or if they got you to agree to a consent judgment. Do you recall?
Even if a normal settlement, then if you don’t make the payments they will get the case set for trial.
I understand the difficulties sometimes in making the payments but if you break the settlement, they usually don’t show much mercy and they go for the garnishment.
Your options now are to settle again with them or file bankruptcy.
This is one reason why for many folks it is better to fight it rather than settle but every person’s situation is different.
Feel free to call my office and ask for Carolyn — 205-879-2447 and let’s see if we can give you any advice on your options.
Sorry you are in this frustrating position.
John Watts
Hello,
So I have been going back and forth for over 2 years now with Midland Funding LLC about a Fraud credit card acct I assume,that was opened up 12years ago in my state of South Dakota. The last payment on the account that they are showing was in 2009. now my SOL in my state is 6years in which this has passed and they are in violation of the FDCPA for trying to sue/ issue a Judgment against me though the court system. I have not received a court date just paper work on letting me know they are going to file with court. Now I am a lot smarter then just assuming so I went to the court house and talked with a gal from the clerk of courts and what do ya know there is a court date at the end of this month and the gal was surprised that they have not sent me date yet but said they still may and to show up on the date ect.. I talked with this gal for a bit and after a few small talk said be best if I write the judge a letter to dismiss the case based on past the SOL and other details of not fully validating the debt besides a print off of a Fraud account with my name showing a balance from Bank Of America and that’s it. no amounts adding up to the total like I have asked for, no signature of be signing an original account, I even sent them a cease and desist letter and let them know I contacted my attorney general and collection efforts needs to stop ect.. So need help on how to write a letter to the judge and need to know if I should present all my information EXIBIT A & EXIBIT B ect.. with my valid points or if its good enough just to send a letter explaining they are past the SOL ??? April 28, 2016 is the day of court so the sooner info the better. thanks 🙂
Todd,
Unfortunately I don’t practice in South Dakota and don’t know the rules/customs there with dealing with the judges.
In general, do what makes it easiest for a busy judge to understand what you are requesting in your motion. (A motion is simply a request of a judge to do something. Normally a letter is fine but each court has its own rules.) So if putting having the letter/motion with exhibits is easier to understand and follow, then I would do that.
I do everything I can to make it easy. So if I reference a court document, I normally attach it so the judge doesn’t have to go hunt for it. I use headings and short paragraphs to make it easy to read.
I think you are on the right path but do consider getting with a consumer lawyer in your state. Even if you don’t hire the lawyer, they may be able to give you some pointers. And there may be things that Midland has done that will give you the right to sue under the FDCPA (Fair Debt Collection Practices Act).
Best wishes and I hope you beat these guys!
John Watts
I am being sued in small claims court by Midland funding for an account I did not open.I have a court date in November. They alleged I opened a Fingerhut account in 2007. Their documentation is a statement showing a payment and goods for July 2013 sent to an address I have never lived at. This is on my credit report also. Can I sue them for this?
Deborah,
Part of your question depends on where you have been sued — what state? I’ll assume in Alabama as I give you some general thoughts.
First, if you never had the Fingerhut account, then that puts you in a great position. Midland must prove it OWNS the debt and it must prove you actually OWE the debt. If you don’t owe the debt, then it doesn’t matter what Midland bought — you don’t owe Midland.
Second, if you can show the address is wrong that is very helpful to support your position that you don’t owe the debt.
Third, if Midland is on your credit report and you never owed the debt, then we would need to see how quickly Midland removes it once you notify Midland that you don’t owe this debt. We would also want to know if Fingerhut (however named) is on your credit reports.
Finally, if Midland can’t prove it owns the debt then this is another reason to look at suing Midland.
Assuming you live in Alabama, give us a call at 205-879-2447 and we’ll be happy to help you think through your options.
If you are outside of Alabama, please get with a consumer lawyer in your state ASAP.
Thanks!
John Watts
205-879-2447 (ask for Carolyn)
Hi I happen to notice that I am being sued my Midland court date is scheduled for February. I have not been served yet the address on the court documents is my ex-girlfriends address I no longer live there what should my steps be can I request that Midland prove they own the debt such as debt validation in court or is it too late? Are they required to prove they own the debt ? They also stated that they provided me notification based on a statute- 30-day notification ..this is not true as I have never been notified would that be an argument as well?
Brandon thanks for your comment.
I can answer this from the perspective of Alabama — if you are sued in another state it may be completely different so get with a lawyer in your state.
You must be served in order to get a trial date. Once you are served, you have 14 days to answer (Small Claims or District Court) or 30 days to answer if you are sued in Circuit Court.
If you are served and don’t answer then you would lose by default judgment.
So it is a bit odd you would have a trial date in February. It may be this is a date the judge has set for Midland to prove they have served you but you need to check this out ASAP.
Certainly at trial you can make sure Midland proves it owns the debt and that you owe the debt. That’s the foundation of all of our Midland cases (we have represented hundreds and hundreds of Alabama consumers sued by Midland).
If they did not provide the notification/validation to you, you can always request it again. Sometimes we do this and sometimes we don’t — there is some strategy to it. You may want to see what they have or you may not want to make them get more prepared for trial. If the lawsuit is recent, it will have all of that information attached to the complaint anyway.
Bottom line is get with a lawyer to figure out your options and whether or not the court thinks you have been served.
If you are in Alabama give us a call at 205-879-2447 and ask for Carolyn — she’ll look up your info and set us up a call.
Thanks and best wishes!
John Watts
Hello Mr Watts
Came home from a weekend trip to find a orange slip in my door from VanSlam. I know that Midland Funding has been trying to make me pay them off an old debt was was from an old credit card that was opened in 2012. I did pay Midland payments until they started charging me an international fee for payment so I stopped paying them. I have since searched them and have found all kinds of bad publicity of these people buying off old debts and now I know they are trying to serve me as well. I would like to know what amount of payment would you require to make this go away?
Cindy,
Be happy to help you. That’s really odd about the international fees…. Midland is an American company so not sure what the deal is with that.
Call my office at 205-879-2447 and ask for Carolyn — we’ll be glad to look up the case for you and help you any way we can. We’ll also explain our fee and how that process works. (You can read/watch about the whole process of hiring us and what happens through the end of your case here).
Thanks and we’ll look forward to chatting with you!
John Watts
205-879-2447
Hello I sent a question yesterday but haven’t heard anything yet which I know it takes time and I’m not the only person that’s asking questions but yesterday when I got home I received a letter about a hearing date and just unsure what to do at this point …not sure if these messages get to you quicker than the other? And my apologies if I’m not waiting enough time…Thank You
Chris — I believe you spoke with my office. Let me know if you want to speak with me directly. If so, I’ll be happy to help you think through your options.
Thanks!
John Watts
I received a letter from moxley about an credit card they brought from Wal-Mart. I tried dealing directly with midland but they couldn’t work with the amount I requested to pay each month and wouldn’t go any lower than $50 a month. I can’t afford a lawyer nor paying court cost. I’m already on a payment plan to pay back my taxes I can’t afford anything extra. Any advice?
Keyuna,
Has Midland sued you or you just received a collection letter from Moxley collection law firm in Montgomery?
Normally, unless the letter says “We will not sue you” then you should expect a lawsuit from Midland. Moxley is the lawyer that represents Midland in Alabama.
Give us a call at 205-879-2447 and ask for Carolyn — we’ll help you think through your options.
Best wishes and talk soon.
John Watts
I was sued by Midland (represented by Zarzaur & Schwartz) in Alabama Circuit Court in August 2018. I filed my answer within the 30 days. I was waiting for a trial notice and kept calling Circuit Court to see if a date was set yet since I had received no communication from Zarzaur or court and was told nothing was set yet several times. Called this last time and was told a summary judgement had been made on Oct. 3rd. I have received nothing regarding a motion for summary judgement or that a judgement has been granted against me. Do I have any recourse in filing a motion to vacate?
Kim,
You have a very short time to try to fix this. You’ll ultimately have to file a motion to set aside the summary judgment.
You need to see when the motion for summary judgment was supposedly sent to you — it will be sent by just regular mail.
Did you receive it?
Sometimes we find folks representing themselves who receive a summary judgment motion but someone told them that they could ignore it. It sounds like this is NOT what happened with you but you need to see if anyone in your house picked up the mail, etc.
If you didn’t know about it, you can ask the court to give you a chance to respond.
It will be challenging but not impossible.
You may want to get a lawyer to help you.
If you want us to help you look up the court case and go over specific options, call us at 205-879-2447 and ask for Carolyn. Tell her that you and I briefly discussed this and you want her to see what the court file shows.
No need to respond to this — just call us directly as this is a public posting and you don’t want to give anything away to the other side.
205-879-2447 — you need to move quick on this as judges are reluctant to set aside judgments and there is a limited time to even ask.
Thanks
John Watts