I am currently unemployed and have fell on hard times as many people. My question is about paying a reduced lump sum settlement to stay out of court. I understand I have 30 days from today to "file" in writing or in person to the Judge. Shouldn't I be able come to some sort of agreement with Midland on this debt to rid myself of the hassle? I don't dispute the debt, I just want to make sure I get a fair shake.
Any suggestions or advice is greatly appreciated,
Regards,
J
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I was served a summons today by the local Deputy (Midland Funding LLC)
#2
Posted 18 July 2011 - 06:55 PM
Please email Bud Hibbs at assistance@budhibbs.com, he may be able to offer you some advice in dealing with your situation and Midland.
#3
Posted 18 July 2011 - 08:32 PM
I would do like Cada suggested and get a hold of Bud fast.
Midland is under investigation by the state of Minnesota.
You are not alone on this. But get Bud to help.
I had a similar thing happen to me with a debt collector. After getting served and reading all the support here, I went to the court house and asked them how do I deny this claim. They told me and I denied it. The calls stopped and a court date was set. On that date, I showed up at court, I had nothing to lose. When they called me in the court room, I didn't see anybody except for the judge, the guard and me. The Judge asked me if I agreed with this, I said no and then told me that a trial date will be set. Which turned out to be in about 30 minutes. At that time I asked the judge for something showing I owed the balance as claimed, a history of payments and charges on this account. the judge looked in the folder there was nothing there. Called out to the hallway and no one from the collectors was around, so it was dismissed. The judge told me that if I didn't show up, the ruling would have gone to the collector as default. So by not showing up, they win.
Remember it's not about the debt...it's about the law.
Talk to Bud.
Midland is under investigation by the state of Minnesota.
You are not alone on this. But get Bud to help.
I had a similar thing happen to me with a debt collector. After getting served and reading all the support here, I went to the court house and asked them how do I deny this claim. They told me and I denied it. The calls stopped and a court date was set. On that date, I showed up at court, I had nothing to lose. When they called me in the court room, I didn't see anybody except for the judge, the guard and me. The Judge asked me if I agreed with this, I said no and then told me that a trial date will be set. Which turned out to be in about 30 minutes. At that time I asked the judge for something showing I owed the balance as claimed, a history of payments and charges on this account. the judge looked in the folder there was nothing there. Called out to the hallway and no one from the collectors was around, so it was dismissed. The judge told me that if I didn't show up, the ruling would have gone to the collector as default. So by not showing up, they win.
Remember it's not about the debt...it's about the law.
Talk to Bud.
#4
Posted 18 July 2011 - 10:31 PM
Here's a link to an article from July 8, 2011. Texas Attorney General Greg Abbott is also going after Midland:
http://www.examiner....-debt-collector
http://www.examiner....-debt-collector
#5
Posted 22 July 2011 - 11:53 AM
Midland Credit is reeeling from litigation from States Attorney General and consumer lawyers.
Their days of rubber stamping themselves into multi-million dollar pay days may be coming to an end.
Their in-house attorney who owns at least 10% lives in a San Diego condo valued at more than $800K, according to tax appraisal records.
Are you one of the unfortunate helping to pay for it by having your paycheck garnished, bank account emptied and liens against your property?
This is an outrage that needs to be stopped. You can fight back by challenging their lies and bogus documents.
We are collecting affidavits of Midland liars who rubber stamp these affidavits, so send them over in confidence. (we do not publish your personal information)
One of their Ruber Stampers (or is it trampers?) is Paula Hansen of St Cloud, MN, who states she "is advised" that a charge off is accurate, even though she never saw it until the form letter came across her desk. She further states "I have access to and have reviewed the records pertaining to the account and am authorized to make this affidavit on plaintiff's behalf."
If these liars were held accountible for their lies they would fill up the jails quicker than a drug bust round up, as comitting perjury is a felony in this country
If you live in St Cloud and have any information on Paula Hansen or anyone else who lies for bottom feeders send it to us. (pictures welcome)
We want America to get more acquainted with those who are paid to lie which results in them taking your money.
The good news is Midland is still paying off on lawsuits, large and small. If you are sued, you may want to get your piece of the Midland pie.
Who knows if they will be around, given the millions they are paying out and the potential future liability they face.
Consumers are urged NOT to send their hard earned money to these bottom feeders, and are advised that the involvement of a consumer law professional greatly increases your chances of that suit being dismissed. You cannot lie, cheat and steal forever, look at Bernie Madoff, the National Arbitration Forum and Mann Bracken attorneys who paid dearly for their crimes.
It is no longer a question of "IF" Midland Credit is a rubber stamping scam, but of how much and how many they are screwing.
Remember...It is ALWAYS cheaper to fight a bottom feeder than to pay one!
Need help? ...assistance @consumerjustice.com (We're the good guys)
Their days of rubber stamping themselves into multi-million dollar pay days may be coming to an end.
Their in-house attorney who owns at least 10% lives in a San Diego condo valued at more than $800K, according to tax appraisal records.
Are you one of the unfortunate helping to pay for it by having your paycheck garnished, bank account emptied and liens against your property?
This is an outrage that needs to be stopped. You can fight back by challenging their lies and bogus documents.
We are collecting affidavits of Midland liars who rubber stamp these affidavits, so send them over in confidence. (we do not publish your personal information)
One of their Ruber Stampers (or is it trampers?) is Paula Hansen of St Cloud, MN, who states she "is advised" that a charge off is accurate, even though she never saw it until the form letter came across her desk. She further states "I have access to and have reviewed the records pertaining to the account and am authorized to make this affidavit on plaintiff's behalf."
If these liars were held accountible for their lies they would fill up the jails quicker than a drug bust round up, as comitting perjury is a felony in this country
If you live in St Cloud and have any information on Paula Hansen or anyone else who lies for bottom feeders send it to us. (pictures welcome)
We want America to get more acquainted with those who are paid to lie which results in them taking your money.
The good news is Midland is still paying off on lawsuits, large and small. If you are sued, you may want to get your piece of the Midland pie.
Who knows if they will be around, given the millions they are paying out and the potential future liability they face.
Consumers are urged NOT to send their hard earned money to these bottom feeders, and are advised that the involvement of a consumer law professional greatly increases your chances of that suit being dismissed. You cannot lie, cheat and steal forever, look at Bernie Madoff, the National Arbitration Forum and Mann Bracken attorneys who paid dearly for their crimes.
It is no longer a question of "IF" Midland Credit is a rubber stamping scam, but of how much and how many they are screwing.
Remember...It is ALWAYS cheaper to fight a bottom feeder than to pay one!
Need help? ...assistance @consumerjustice.com (We're the good guys)
#6
Posted 08 September 2011 - 01:06 AM
I was sued by Midland Funding, who was represented by Legal Recovery Law Office. I hired an attorney, and they filed for dismissal after the answer was filed. Consumer Attorneys are awesome.
#7
Posted 08 September 2011 - 09:51 AM
Congratulations! I always enjoy hearing about a victory for the consumer.
#8
Posted 03 February 2012 - 01:45 PM
cffdrnkr, on 18 July 2011 - 08:32 PM, said:
I would do like Cada suggested and get a hold of Bud fast.
Midland is under investigation by the state of Minnesota.
You are not alone on this. But get Bud to help.
I had a similar thing happen to me with a debt collector. After getting served and reading all the support here, I went to the court house and asked them how do I deny this claim. They told me and I denied it. The calls stopped and a court date was set. On that date, I showed up at court, I had nothing to lose. When they called me in the court room, I didn't see anybody except for the judge, the guard and me. The Judge asked me if I agreed with this, I said no and then told me that a trial date will be set. Which turned out to be in about 30 minutes. At that time I asked the judge for something showing I owed the balance as claimed, a history of payments and charges on this account. the judge looked in the folder there was nothing there. Called out to the hallway and no one from the collectors was around, so it was dismissed. The judge told me that if I didn't show up, the ruling would have gone to the collector as default. So by not showing up, they win.
Remember it's not about the debt...it's about the law.
Talk to Bud.
Midland is under investigation by the state of Minnesota.
You are not alone on this. But get Bud to help.
I had a similar thing happen to me with a debt collector. After getting served and reading all the support here, I went to the court house and asked them how do I deny this claim. They told me and I denied it. The calls stopped and a court date was set. On that date, I showed up at court, I had nothing to lose. When they called me in the court room, I didn't see anybody except for the judge, the guard and me. The Judge asked me if I agreed with this, I said no and then told me that a trial date will be set. Which turned out to be in about 30 minutes. At that time I asked the judge for something showing I owed the balance as claimed, a history of payments and charges on this account. the judge looked in the folder there was nothing there. Called out to the hallway and no one from the collectors was around, so it was dismissed. The judge told me that if I didn't show up, the ruling would have gone to the collector as default. So by not showing up, they win.
Remember it's not about the debt...it's about the law.
Talk to Bud.
Did you demand a dismissal WITH PREJUDICE?? If not and you are ever in a similar situation again, move the court to dismiss WITH PREJUDICE so the debt will be forever dead.
I disagree with the law in terms of an entity just filing suit with no evidence in the court file other than "you owe me $3,000.00 because we now own this debt." Having an entity make a declaration that they now own a debt and on the other hand PROVING they own a debt are two totally different things. Yet the law as it stands grants that entity a default judgment if the alleged defendant fails to show up. There is no adjudication on the merits, yet they receive a default judgment. In that case, when the numerous times that a Plaintiff, be it original creditor or junk debt buyer no shows a hearing, ANY HEARING but especially an alleged trial setting, the case should then be dismissed WITH PREJUDICE, yet even at trial settings I have witnessed Judges say, I'll dismiss it without prejudice, so I can give the Plaintiff another chance to file suit. That is not equal treatment under the law and is totally bogus if you ask me.
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