Midland Funding lawsuits always seem to come at the worst possible time (is there ever really a “good” time to be sued?). Midland Funding often seems to file the debt collection lawsuit right before the statue of limitations expires – right as you are feeling you are just about to break free of the debt cycle that has been holding your family back.
When I meet with clients the feeling they have most often is frustration – extremely frustrated that they are having to deal with a lawsuit and extremely frustrated that Midland Funding is suing them for thousands when they likely paid only hundreds (if that) for the debt.
You want to win your case. You want this over. You want Midland Funding to pay for the grief they are causing you. And so…I get the question…”how do I win my case against Midland Funding?”.
And in typical lawyer-fashion I respond with “I guess that depends on what your definition of ‘win’ is.”
Winning at Trial
Most clients consider it a win if the case goes to trial and the court rules in their favor. This is the best possible outcome. If you win the case will be gone forever.
However this is the one “win” that takes the longest and comes with the greatest risk. In Arizona the time between the lawsuit being filed and trial in the Justice Court is about 6 months; in the Superior Court it is about a year.
If you go to trial it is an all-or-nothing way to resolve the case. You will either win or lose. You will either owe nothing or the full amount. Debt buyer cases like those filed by Midland Funding are winnable, but there is no guarantee. There is risk.
Winning through Settlement
At any stage in your battle you can settle the debt with Midland Funding. All “settlement” means is that you and Midland Funding have come to an agreement where they will dismiss their lawsuit against you in exchange for some amount of money -usually less than the total amount owed.
This may not feel like a win – after all you are paying out money. But it may be better than going to trial and losing and risking wage garnishment or a bank levy.
Settlement gives you some control over the process. At trial, no matter how good your case is, at the end of the day you have no control – the judge does. Settlement is going to cost you money, but for some that is money well spent.
Winning through Bankruptcy
Sometimes the best option is the nuclear option when it comes to fighting debt – bankruptcy. Bankruptcy will eliminate the debt associated with your Midland Funding lawsuit and you won’t have to go to trial. There are drawbacks to bankruptcy, however this is an option that comes with a high amount of certainty – the debt will be eliminated.
If you are being sued for a large amount ($20,000+) or if you have a lot of other debts, bankruptcy may be the best option to help you recover financially once and for all.
So, as you can see, winning doesn’t always mean going to trial and coming out the victor. Winning can simply mean paying less than what they are seeking in their lawsuit or even eliminating the debt completely through a bankruptcy filing.
As you sit down with your attorney it is vital to discuss what you consider a “win” and what you can do to reach that goal.