“Debt collector Midland contacted me but the statute of limitations is 3 years in Alabama so I’m going to ignore them”


“Debt collector Midland contacted me but the statute of limitations is 3 years in Alabama so I’m going to ignore them”

"Debt collector Midland contacted me but the statute of limitations is 3 years in Alabama so I'm going to ignore them"If I can be blunt,  it is incredibly foolish to ignore a lawsuit. It is also very foolish to simply ignore a debt collector because you assume that the three-year statute of limitations will give you protection.

We have talked in a recent article about the controversy that surrounds what exactly the statue limitations is Alabama.

Unfortunately, we have seen Alabama consumers who are contacted by Midland. They say to themselves, “Well, I can ignore this because I know they can never sue me.”

Then when they get sued, they simply believe that this cannot be happening and so they refuse to answer the lawsuit.

Then because they do not answer, there is a default judgment.

Because there’s a judgment, a garnishment of wages and bank accounts happen. All of this occurs because somebody decides that they know exactly what the statue limitations is and they have decided that there’s nothing that Midland can do to them.

My suggestion is that you take every contact from a debt collector very seriously.

Do not assume that you know what the collector can and cannot do so that you decide that you will ignore a lawsuit.

There are many limitations on what a debt collector can do in collecting a debt (calling you, calling others, credit reporting, etc) so you need to make sure that you accurately understand what exactly that collector can and cannot do before you decide to take action (or do nothing).

The whole basis of this website is to:

  • Help you understand your rights and
  • To encourage you to take the right action.

So whether you are contacted by phone, by letter, you find them on your credit report, or even by a lawsuit, in any way related to Midland Funding or Midland Credit Management, I suggest that you take this very seriously.

Contact a consumer lawyer so that you can find out exactly what your rights are.

In addition, you can find out the various options you have so that you will take the correct next action.

We have defended countless Alabama consumers who have been sued by Midland.

We have also sued Midland dozens of times in federal court.

Contact Us.

If you live in Alabama, we will be happy to talk to you about your options against Midland.

Simply pick up the phone and call us at 1-205-879-2447

Or you can contact us through this website.

We will give you a call back or email you, whichever you prefer.

Thanks for reading, and have a great day!

-John G. Watts


4 Comments

  1. Teshika Holmes says:

    Hello Mr. Watts, I’ve received a notice from Unifund CCR, LLC and I do not know who they are. They have sent me a summons saying that I have 30 days to respond to this. Could you please send me an email? Thank you,

    • John Watts says:

      Yes I’ll be glad to help you. Unifund doesn’t sue as often as Midland Funding or Portfolio Recovery but they do file a good number of cases in Alabama.

      John Watts
      Birmingham, Alabama

  2. Denise Barlow says:

    I am being sued by midlandfunding on 2/12/19 at 130. I need to know if I can use state of limitations on this account it’s almost 5 years old?

    • John Watts says:

      Denise,

      This is an argument — is the statute of limitations 3 years or 6 years.

      Sounds like you have a TRIAL on February 12, 2019, at 130 PM. If so, we determine statute of limitations from the date the lawsuit was FILED, not the date you were served and not the date of the trial.

      So the critical date is the date of the filing of the lawsuit.

      Now if you are outside of AL I don’t know what the rules are — but this is the law in Alabama.

      If you want to chat with us or want us to help you figure out the filing date call Carolyn in my office at 205-879-2447.

      Thanks and best wishes!

      John Watts

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