Midland Funding: SUED for debt collection violations!
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- Опубликовано: 8 сен 2020
- Midland just got SUED by the Consumer Finance Protection Bureau, the federal agency charged with protecting consumers from unfair lending and debt collection practices. What does this mean for you? Florida consumer lawyer Mike Wasylik explain what they did wrong… (SEE MORE ⬇️ )
and how it might help you. The CFPB has sued Midland Funding, Midland Capital Credit, Encore Capital, and Asset Acceptance for violating federal debt collection law and other violations.
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🔧 Want help dealing with Midland Funding and other debt collectors or junk debt buyers? Call us at 352-567-3173 for a FREE 30-minute appointment with one of our lawyers (MENTION THIS "Midland got sued" video!) to find out how we can help you.
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I now live in Florida (about a year now) and received a call from my son that court papers of a lawsuit from Midland was taped to the door in Michigan. Would like to get some guidance on this. Can you assist me with this?
This is AWESOME information!!! Thank you for sharing! They're about to get in trouble again.
Glad you’ve enjoyed it. We hope you’re making the good kind of trouble.
They filed a lawsuit against me in March 2018. I never received anything from these people, but I did receive letters from lawyers wishing to represent me in court. That's when I decided to look in the PA Judicial Portal to see what's up. Sure enough, I had a court hearing at 8:00 am with these people I have never heard of. I showed up at the court, they didn't. The clerk rescheduled the hearing. It was "withdrawn" a week before we were to meet. What does this mean? I now see it in my credit report as "in dispute" and the creditor is Citibank, which I know I've never had. What does judgment against them mean to me and my credit?
Congrats on getting a judgment in your favor! It sounds like you might be in Pennsylvania and we're not licensed to practice law there-meaning we can't give any kind of useful advice about Pennsylvania matters.
It might be worth pulling your credit report and talking to a local lawyer in PA.
Such a blessing of information!!!
Glad it was helpful! What part did you find the most useful?
@@RWlawFL I just received a 2 day air envelope via UPS today from Midland Credit Management claiming I owe money from an account that I am not familiar with...the letter also stated that this is my "Final Notice" before sending the account in question to commence with a lawsuit, and we've never heard from these people before! I've NEVER received ANY letters/communication from Midland previously regarding this account. So to see they jumped straight to threats of a lawsuit and Attorneys was a bit of a shock! This video has me wondering...it sounds very similar to what is happening to me!
We talk about those "pre-legal" notices in this video: ruclips.net/video/PQlf711sezg/видео.html
If you're in Florida, please give us a call during regular business hours!
Wow!!! This is awesome. 😱
Glad you think so!
I'm in NYC and I was served papers back in 2019. I had no clue about these people until I got serve. I went to court and asked them to prove I owe them and they said they would send me verification but I never got anything. I was supposed to go back to court 6.2020 but due to the pandemic I didn't. I called them ( Midland Funding) asked them to send me proof but still never got anything or heard from them. I don't know what to do. It's still on my credit report and they keep reporting it. They are aggressive and I just feel ignorant about this and not sure how I should proceed.
You should probably find out what happened at that court date that you missed. If a judgment was entered against you, then they’re going to want to start collecting, and you’ll need to lawyer up with someone local to you.
Thanks for the info! My question is Where can we find documentations or records of transfer of the original debt to Midland to make sure the original credit card debt was sold to Midland Funding? They can show a photocopy of a balance due to the original credit card company, maybe is a public record but how or where can we find the information if the credit card sold the debt to them or other company?
Check out our video titled “DEBT VALIDATION: the most effective strategy that one one else will tell you [new for 2022]”
ruclips.net/video/Cl_N_1TRCFc/видео.html
@@RWlawFL thanks so much for your reply! 🙏🏻 All the best to you for your time, information and guiding people how to go back to normal in this subject. If I know someone in Florida that needs your services I will refer your company. Thx!
Thanks for watching!
I’m glad to hear this
We are glad it helped!
@@RWlawFL I am a Miami Florida resident. I was referred to you by John Watts, Esq. from Alabama. I'd like to reach out to you via email re: possible class action case and other possible consumer cases (i.e.: $ damages) you might be interested in. Where can I email you, please? I promise it's not spam and I'm not selling anything.
LM G-S, John's a great friend and we're glad he sent you our way. Call us today for the fastest response: ricardolaw.com/call/
I am in Nevada and I just received a pre-legal notification ( that looks like spam to me) for a charge off debt that was dated 11-19-2020 but I've only received it on 12-4-2020 yet they want me to pay in full. This debt is 4-5 years old, I think? and with the Covid pandemic my household cannot afford to pay a giant lump sum right now. Do I am really nervous to even contact them as I've been bullied enough by old debts as it is.
Meggan, it's almost always a great help (and huge relief) for you to get someone by your side who can protect you if debt collectors break the law or try to take advantage of you at the time when you can least protect yourself. Have you looked for a debt-defense or FDCPA lawyer in your state?
They filed a lawsuit against me back in 2019. I was never served and the lawsuit is still pending. In the last few weeks I notice that there was a hearing I guess asking the plaintiff what is going and why the paperwork remains unserved. ???
In Florida that would be good news. It would mean a likely dismissal.
My fico just reported decrease by 1 dollar for Midland funding 1012 to 1011 , I did not make a payment
They changed the balance? That's unusual. Was it wrong before or is it wrong now?
@@RWlawFL they change the balance and keep adding each month a new balance. Maybe fines or something? It is legal to do that?
Generally speaking, once a debt is charged off, you shouldn't see any more interest or fees added to it. This could be a violation of the FDCPA.
do they have to serve you in order to get a judgement on you....because my parents said someone came by with a stack of papers and said they are from midland credit. I checked online court and the have opened a case and it says ( status of default judgement/sanctions is set for February 2022. So do I have until that time to respond or is that when the default judgement take place. I live in California
In Florida that would likely be valid service if you live with your parents. We DO NOT have the ability to advise you on California law and strongly recommend you speak with a California lawyer who handles debt defense cases to make sure you're not exposed.
Good afternoon . I'm in Florida and I got a letter from the court saying I'm being sued by Midland. Its a civil lawsuit for $1,900 dollars. Any suggestions on what i should do
Everyone in Florida facing this situation should call us right away. 352-567-3173
Well, I did send midland a verification letter asking they provide the original contract to include OALD documents which they failed to provide and removed the collections account in from the credit bureaus, does this mean if they currently have a lawsuit pending against me, I could still beat this case, "hypothetically"?
If you're in Florida, that's definitely a case we would want to discuss with you. Very winnable.
Unfortunately I'm in California.... I came across your great review of your video and figured this would be a something of interest that I can use in my case.
You should definitely find a California lawyer who's familiar with this.
What if I made payments arrangements with them in the past and they stopped charging me during covid and now they sent a processor to my house serving me these letters to threaten to sue me what should I do ?
If a process server came to your house, then you’re almost certainly being sued. It’s like the payment arrangements never existed. The only safe thing to to is have a lawyer review the papers you got.
In ct is there a way you want point me out to a good legal advice.
Yes. Please reach call our friend Sarah Poriss, a Connecticut attorney who helps people solve debt problems. sarahporiss.com/ Please tell her Mike and Jason sent you.
Greetings , how can validate that midland funding can make debt collection on my state?
Midland can collect debts throughout the US. They are a global, billion dollar a year company.
I'm in fl just got letters from lawyers wanting to help. I have yet to get anything from Midland
Joy, those letters come from lawyers who get names from the courthouse records for newly-filed lawsuits. You should expect a process server to try to deliver you papers shortly.
If you call our office first thing Monday morning -- 352-567-3173 or ricardolaw.com/call/ - we can pull up the public records and give you more information about what's going on.
@@RWlawFL I pulled the records very vague doesnt say creditor and gives a amount range of 2k to 5k. I definitely would like a consultation
Joy, we're happy to consult with you. If you haven't already, please call 352-567-3173 (or click ricardolaw.com/call/ for click-to-call)
@@RWlawFL yes thank you I am waiting for the papers so you can give me advice. Response to answer is 20 days from the day one is served correct?.
@@RWlawFL case # is 20-cc-083150
Question - I'm curious when i recieved my letter the other day it came with a whole lot of law firm advertisement with it. is that a sign that if i reach out we can sue or is it something else? WHY do all these law firms want to help me?
That's a great question.
When someone gets sued for old credit card debt, that's public records and ANYONE can send mail. The law firms that send these letters may have a number of different goals in mind:
1) They may want to handle the lawsuit for you, at a price point they hope you can afford.
2) They may be trying to drum up bankruptcy cases. Some law firms LOOK like they're handling debt defense cases, but as soon as you get in the door, they're trying to convince you to file for bankruptcy-more profitable for them
3) Some law firm are looking for cases they can use to sue companies like Midland. But the facts of each case vary widely, so only a small handful of people will get helped in this way.
If you reach out to any of these law firms, do your research first to find out what the law firm is trying to do and see whether it meets your goals. For example, our firm mostly want to help people fight off these debt-collection cases (No. 1) but if we find a valid case for debt-collection violations, (No. 3) we'll be happy to handle that too. And we don't do bankruptcy at all, so we don't people into doing something they don't want to do.
If you're in Florida and need help with Midland, Portfolio, or other debt-collection lawsuits, let's talk. ricardolaw.com/call/
@@RWlawFL GA
You may find that one or more of the lawyers who sent you letters can actually help you-talk to more than one and find out: 1) exactly what the fees will be 2) what results they think they can get for you and 3) whether they offer any kind of guarantee or contingent fee arrangement
I’m in Texas, do you have any feedback for me regarding this? I just received a ups envelope with a letter from midland demanding full payment or I will be taken to court, have a lien on my property and my wages garnished.
Yes! Check out this video by Texas lawyer and friend of ours, Bill Clanton (and then CALL HIM!) ruclips.net/video/Q6MRQ6J0sZo/видео.html
This is got debt from o eat 7 years ago from I am a single mom who is barely making it they are sending people to my moms house where I don’t live . And telling me they will garnish my bank account and wages.I can’t live if they take any of my money out of my account . I’m sick w lupus and can’t handle court . I’m on a fixed income can’t spare any money for them to take from me .
You definitely need help. Are you in Florida? If so, please give us a call at 352-567-3173 or click ricardolaw.com/call/
I am rewatching this video again, I think I asked this question this morning but might not have sent, cuz I can’t seem to find my question in the comments. So the OALD is it almost similar to a debt validation letter? Is the CFPB suing because these guys fail to send out these letters prior to suing?? Because essentially there is no proof they own the receivables, which means then they are just suing or trying to collect on any debt whether they have rights to sue or collect? Does my question make sense? So basically the CFPB is saying you can’t just sue you have to send out these documents to show that you have a right to sue to collect from the delinquent borrow?
Not really. OALD is not similar to a debt validation letter. The CFPB sued because Midland didn’t have documentation that it owned the debt, but there was no obligation from Midland to mail these documents to anybody.
@@RWlawFL I believe that was my original question because in a previous video I watched either yours or John Watts’ video and one or both of you mentioned that the debt collectors or debt buyers have no obligation to provide any documents to anybody. If no proof is required, then does it mean anyone can sue anybody claiming there is a debt owed? This is the tricky part that I still don’t understand. I think I also need to rewatch your video about getting sued is a good thing because now I’m confused again lol. So if they are not required to provide documents, how do we win debt buyers in court? Interpreting law is so tricky. Thank you so much for your time answering questions. I truly appreciate the elaborative responses to all comments.
If someone decides to file a lawsuit, they had better have proof or the judge is likely to make them pay the attorneys fees for the other side, at least in Florida.
And for companies like Midland, they better have the proof in their files before they send it to their lawyers.
But they don’t have to provide that proof to you before they sue. that’s the part you’re getting confused about.
Any attorney in DE you recommended just got my notice in the mail ?
We don’t yet know anyone in Delaware. If you find someone in your state who’s really good, please let us know so we can add them to the list.
What attorneys should I search for debt collector attorneys ?
Look for someone who handles debt defense or FDCPA cases.
Do you have services in Atlanta, GA? I have received a letter from them. trying to figure out what to do. Thanks in advance.
Unfortunately, we're not allowed to handle cases in Georgia.
We've been looking for someone who's willing and able to handle these cases and when we find one we'll probably end up posting something.
@@RWlawFL great, thank you!
I just spoke to Steve Koval in Atlanta and he confirmed that he would, in fact, be willing to take cases involving Midland. Definitely give him a call at 404-513-6651
@@RWlawFL Thank you😃🙏
In Kentucky- I succumbed to midland after a pre legal threat! I could kick myself. You mentioned the hammer clause in a video. I don’t remember signing anything but how can I find out? I can’t risk a law suit but also wonder if the info they have is accurate.
ALSO my husbands name is now on the bill as well.
I paid once in 2020 and they started auto deducting thereafter even though I told them not to. How can I get any documentation that I “approved” any of that?
When you say you "succumbed" to them, do you mean you signed an agreement? If so, refer to your copy of that agreement to figure out what the terms were.
@@RWlawFL they called and it was before I did the research and before I found you. I can’t remember if I signed anything but don’t remember signing anything. It was all on the phone. I felt pressured for sure. They talked me into a small payment and then I was supposed to send them bank info. I never sent it but they used the previous payment info and kept taking money out. Then last fall we have COVID and my husband called utility companies to give us an extra month to recoup because I was out of work. He apparently called them as well. It’s my debt but now his name is on the bill. What can I do to verify their taking my payments unethically, talking with my husband without my permission and has my debt now with his name on the bills… says “in c/o” then his name. He has nothing to do with this debt. It was mine before we were married. I feel like they’ve done several things they shouldn’t have but not sure how to proceed. Help?
This is tough. New paragraph it sounds like you may have been pressured into agreeing to a bunch of things that you may not remember agreeing to.
Whether those agreements are valid or not is going to be a matter of Kentucky state law, so I really have no idea whether you have any recourse.
also, depending on the size of the deck, it may just be better off to chalk it up to a “life lesson“ and remember to never talk to debt collectors on the phone, ever.
What number should I call in Arkansas
We are not licensed in Arkansas, but you should look for a lawyer near you who practices in either “that defense“ or “FDCPA violations“
My LOFT Credit Card limit was $500 and they have it for $900!! They’re nuts!
Charging illegal fees or interest would violate the FDCPA. If they can't prove the amounts are legit, you've got them where you want them.
@@RWlawFL Thanks for that info. I never received a letter from them, just calls. However, I want to just negotiate for pay for delete. But since they’re in violation, I’m not sure how to proceed .
If they don't agree to a pay-for-delete then consider filing a lawsuit.
If you have time to wait, want to make a little money, and you're sure about the violation, skip the pay-for-delete and go directly to suing them. What state are you in?
@@RWlawFL I live in NW Florida
If they've added illegal fees then we can help you.
Do you have any old account statements?
Or a Midland account number?
Have you gotten your credit reports?
Gather those things then call us or send an email via ricardolaw.com/contact/
Hahaha I ve made this claim everytime even my initial court case they sued me served.me during the pandemic at my job. Tort federal court lol
Counterclaims can be highly effective!