Midland Funding

News & Analysis as of

12 of the Most Aggressive Junk Debt Buyers in Arizona

Over the years I have battled a lot of different junk debt buyers here in Arizona and while the underlying business model is generally the same between them all (they buy charged off debts and sue people), there are some...more

UDAAP Council Weekly UDAAP Standards Report - 12/10/2014

Every week, courts around the United States issue decisions addressing aspects of civil UDAAP claims. In an effort to illuminate the UDAAP standards, below is a sampling of some of this week’s UDAAP decisions on the...more

How to Defeat the “Account Stated” Claim in Your Midland Funding Lawsuit

When junk debt buyers like Midland Funding file a lawsuit they often don’t have the evidence and documents they need to prove that you had a contract with the original creditor. Because of this they will often not only sue...more

What to Expect from Your Mediation with Midland Funding, LLC

When it comes to fighting back against debt collectors like Midland Funding, Portfolio Recovery, or CACH, LLC (to name just a few) there are a lot of ” – tions ” . You have “litigation”, “arbitration” , and “mediation” . ...more

Turning the Tables: How You Can Turn Your Debt Collection Lawsuit into an FDCPA Action Against Junk Debt Buyers

With increasing regularity I am seeing clients who initially are sued by a junk debt buyer like Midland Funding, Portfolio Recovery, or CACH, LLC turn the tables on the debt buyer and file a claim for violations of the Fair...more

Over 2,900 Junk Debt Buyer Lawsuits Filed in Maricopa County, Arizona in October!

If you have been sued by a junk debt buyer like Midland Funding, CACH, LLC, or Cavalry SPV it can feel like you are the only one dealing with such stressful problems. But the reality is you are far from being alone when it...more

What is the Statute of Limitations on a Credit Card Debt in Arizona?

This question is more tricky than it might first seem. I meet with a lot of people who have been sued by one of the big debt buyers (i.e. Midland Funding, Portfolio Recovery, Unifund, CACH, LLC, etc.) who think that they are...more

California District Court Certifies “Not Inherently Unascertainable” Consumer Class

In addition to the explicit Rule 23(a) requirements of numerosity, commonality, typicality, and adequacy of representation, an implied prerequisite to certification is that the class must be sufficiently definite: that is,...more

Should I Fight My Midland Funding Lawsuit if I Owe the Money?

I believe many people don’t fight back against debt buyers like Midland Funding, LLC because they believe that they owe the money so why fight it? In this article I want to give you three reasons why you should fight back...more

Midland Funding is on my Credit Report? Will They Sue Me?

Long before debt buyers like Midland Funding file a lawsuit they start the whole debt collection process by showing up on your credit report. Soon after you will receive a letter or two entitled the “Pre-Legal Notification”...more

Sued by Midland Funding? 3 Reasons Trial May Not Be a Good Option

Most of the Midland Funding lawsuits I defend on behalf of my clients end up in trial. It is my experience that Midland Funding often doesn’t give decent settlements offers prior to trial and the odds of winning your lawsuit...more

The Dangers in Representing Yourself in Your Debt Collection Lawsuit

I fully understand that in many debt collection lawsuits it doesn’t make a lot of sense for people to hire a lawyer. If you are being sued by a debt buyer like Midland Funding for $1,000 it doesn’t make a lot of sense to...more

Make Debt Collectors Validate the Debt

I do a lot of trials in debt collection cases against debt buyers such as Midland Funding, Encore Capital, Portfolio Recovery, and Calvary SPV. A common tactic of these debt buying companies at trial is to bring up the issue...more

Open the Door! Why You Shouldn’t Avoid Being Served in Your Debt Collection Lawsuit

Over the years I have noticed that I revisit the topic of whether or not you should avoid the process server in your debt collection lawsuit. It is usually spurred on by a person I meet with in a consultation who had a...more

3 Strategies for Defending Low Value Debt Collection Lawsuits

Getting sued – no matter how large or small the amount being sued for – can be a very stressful situation. Surprisingly, some debt buyers like Midland Funding and Portfolio Recovery Associates will file lawsuits to recover...more

How to Win Your Case Against Midland Funding

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...more

Should You Fight Your Midland Funding Lawsuit or File for Bankruptcy?

Being sued by a debt collector like Midland Funding can be the tipping point that leads many families to file for bankruptcy. But is it the best option in your situation? Bankruptcy will stop the debt collection lawsuit...more

The Difference Between Midland Credit Management and Midland Funding and Why You Should Care

If you are being sued by Midland Funding you have no doubt met Midland Funding’s evil twin – Midland Credit Management, Inc. Most people simply refer jointly to these companies as “Midland” and press forward trying to figure...more

Will You Win Your Case Against Midland Funding?

Will you win? Anyone who has been sued by Midland Funding is faced with this question when deciding what they should do. Do you fight it – push the case to trial and hope to get a judgment in your favor? Or do you try and...more

Watch Out for This Sneaky Debt Buyer Tactic!

Recently I had a conversation with an attorney who represents Midland Funding, LLC here in Arizona. He said that about 95% of Midland Funding cases are filed in the Arizona Justice Courts. In Arizona, debt collection cases...more

5 Things to Consider Before You Take on Midland Funding By Yourself… (#3 Might Surprise You)

Should you represent yourself in your debt collection lawsuit with Midland Funding, LLC? Many people who get sued by a debt collector often take up the battle alone – spending late nights scouring the internet hoping to find...more

2 Things You Can Learn from My Latest Debt Buyer Trial

Recently I had a trial where a debt buyer had sued one of my clients. When debt buyers like Midland Funding, Portfolio Recovery, and CACH, LLC file lawsuits they often struggle to prove their case due to their lack of...more

3 Signs You Picked the Wrong Lawyer to Fight Midland Funding

When it comes to hiring a lawyer to fight your Midland Funding lawsuit it is normal that most people will interview more than one attorney before deciding who to go with. When I meet with clients they will often share with...more

Fight Or Flight? Should You Fight Your Midland Funding Lawsuit?

After the shock of getting sued by Midland Funding has worn off a bit you naturally start thinking of how you are going to deal with this sudden intrusion into your life. Really there are only three options: you can fight...more

What to Expect from Your Arizona Pre-Trial Conference with Midland Funding

Midland Funding files a lot lawsuits here in Arizona. And many people I meet with make the decision to go it alone and represent themselves in their lawsuit. However one step in the collection lawsuit that makes people...more

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