CFPB sues Midland Funding and Midland Credit Management for violating FDCPA
On September 8th, 2020, the CFPB filed a case against Midland Funding and its related companies which make up one of the largest debt buyers in the country.
This is a big deal.
We have a Republican administration with a CFPB that has been scaled back considerably.
But what Midland is doing is so bad that even this scaled-back CFPB decided to file suit.
The Bureau of Consumer Financial… (Read more)
Debt Buyers: why they must prove they own the debt [illustration of Apple v Samsung]
When I am representing clients in court who have been sued by debt collectors or debt buyers, I’m always trying to think of illustrations to help the judge understand why, even though we may have owed a credit card debt, why we don’t owe this particular company (Midland Funding, Portfolio Recovery, LVNV, etc.)
The legal answer is that the debt buyers have to prove they… (Read more)
Stupid mistake I made nearly caused me to lose a case
I want to tell you about a stupid mistake I made that was almost very costly.
I tried to take a shortcut and it almost blew up in my face.
One day, I had a very important hearing in a big case about four hours away from my home. The trial was early in the morning and I did not want to wake up at 4:00 AM to drive four… (Read more)
3 reasons to pull your credit reports after being sued
At the time of this article until April 2021, you can pull your credit reports for free every week through AnnualCreditReport.com. In this article, we discuss why you should do this regularly throughout your lawsuit. Print these to PDF, save them on your computer. Then look at them and check for errors.
There are three time periods we want to look at your credit reports on compared to the lawsuit:… (Read more)
“Can a debt collector garnish my wages without a judgment?”
A big part of my job is dealing with debt collectors, and helping consumers deal with debt collectors in Alabama.
This question comes up often when we’re talking with consumers, so we thought we would answer it here.
Garnishment means taking your money. So wage garnishment is where a percentage (usually 25%) of your wages is withheld from each paycheck. That money gets sent to the court. Who then sends… (Read more)
You are here because you have been sued by Midland Funding in Alabama Circuit Court, District Court, or Small Claims Court and you want to know what are your options.
The great news is you are in the right place to find answers so you can solve this issue of the Midland Funding lawsuit instead of it creating chaos in your life with garnishments or other seizures of your property. And the good news is it is almost certain that… (Read more)