Sued By Midland Funding? Representing Yourself?

MIDLAND FUNDING LAWSUITS

Many Iowans find themselves being sued by Midland Funding LLC for credit card debt. Midland Funding lawsuits are often filed by Wetsch, Abbott, Osborn, Vanvliet & Pech or another collection law firm to collect credit card debt. If you are sued by Midland Funding in Iowa, Contact the Johnson Law Firm for a free consultation. Do nothing and you are likely to face wage and/or bank garnishments and a judgment on your credit report for years to come.

REPRESENTING YOURSELF AGAINST MIDLAND FUNDING

If you are trying to represent yourself against a Midland Funding lawsuit, know the risks. The internet has an abundance of information on how to represent yourself in credit card lawsuits. Unfortunately, much of the advice is not all that useful and a lot of it is just plain wrong and can do real harm to your financial situation if you follow it. Ask yourself if the person giving you advice knows anything at all about Iowa consumer law or Iowa civil procedure. If you want to get information from someone who does, contact us.

Midland Funding, LLC has brought thousands of debt collection lawsuits in Iowa–both in District Court and in small claims court. Midland Funding, Unifund and Portfolio Recovery are major debt buyers. Debt buyers are companies that purchase delinquent debts from banks or credit card companies for pennies on the dollar and then use the Iowa court system to collect on their purchased debts. Your original credit card debt would not have been with Midland Funding, but in most cases they do have the legal right to enforce the debt. However, you have defenses to these lawsuits, many you do not even know you have.

Debt buyers like Midland and Portfolio do not file debt collection lawsuits because they want to litigate. Their business model depends on you ignoring the lawsuit, or attempting to defend the lawsuit by yourself, fumbling through the court system without legal representation, generally resulting in a credit damaging judgment against you for the full amount demanded. Most lawsuits filed by Midland Funding result in a default judgment, meaning the person being sued didn’t file an answer or botched the collection defense at a later stage of the court proceeding. If you don’t file a response, Midland obtains a judgment against you, damaging your credit report for years. With a judgment, Midland can and does garnish wages and bank accounts.

DEFENSES TO MIDLAND FUNDING COLLECTION LAWSUITS

It does not have to be this way. There are almost always defenses to debt collection lawsuits, especially those filed by debt buyers. Debt buyers like Midland or Portfolio receive very little information regarding an account, and frequently they cannot obtain the information they need even for their own collection lawsuits. Often missing is the underlying contract or copies of any other information on the account, such as the account notes or the account statements. Collections against the wrong person or for the wrong amount are not uncommon. Sometimes the person they sued does not even owe the debt. Many times the purchased debt is very old and the statute of limitations on the debt has expired.

THE JOHNSON LAW FIRM CAN HELP

Being sued can cause significant anxiety. While people can act irresponsibly when it comes to credit matters–credit card banks being a good example–there are a variety of legitimate reasons people find themselves in debt. Reasons I see for defaulted debt include: loss or downsizing of a job (very common after national banks crashed the economy), illness or disability, divorce, or fraudulent or abusive lending practices. While credit card banks received billions of dollars and access to cheap money to bail them out, that is not going to happen for you. You do not have three lobbyists for every member of Congress. You would be better off to send us an e-mail or give us a call and Let us help. Ray Johnson has been representing consumers for more than 25 years. The Johnson Law Firm has been doing debt collection defense in Iowa for over 10 years, and regularly defends consumers against Midland, Portfolio, Unifund and other debt buyers. Contact us today for a free consultation to review your options.

The Johnson Law Firm charges affordable flat rate fees, and will generally accept payments that fit your budget. It rarely if ever happens that our fee plus any settlement payment on the debt would be more than a judgment against you if you default on the credit card collection lawsuit.