Midland Funding is a subsidiary of Encore Capital Group, and is located in San Diego, California. Midland Funding LLC is a debt buyer, which means that they buy old debt – for pennies on the dollar – that others haven’t been able to collect. They mostly buy debts from credit card companies, and then try and track down the consumers for payment.
Midland Funding received a lot of press because they were involved in quite a few lawsuits. But the lawsuits haven’t stemmed from Midland suing consumers, rather from consumers – and Attorney Generals – suing them. For instance, the Minnesota Attorney General sued Midland Funding LLC, as well as its parent company, Encore Capital, for “robo-signing” thousands of collection documents, without bothering to verify whether or not the debts were valid. This led to lawsuits being filed by Midland Funding against people who allegedly didn’t legitimately owe the debt.
In Ohio, a class-action lawsuit was brought against Midland Funding LLC for the same type of behavior. The suit was settled for about $5.7 million. Similarly, a Maryland judge ordered that the collection agency drop claims relating to $10.2 million in illegally filed lawsuits.
Midland Funding Complaints
According to the Better Business Bureau, Midland Funding has several alternate business names, including Midland Credit Management. While the BBB does not appear to have a separate file for Midland Funding complaints, as of June 2013, it had logged 1178 Midland Credit Management complaints over the previous three years, including 507 Midland Credit Management complaints in the previous 12 months.
A quick glance at the Justia database also reveals a number of Midland Funding lawsuits. For example, in May 2013, there were almost two dozen Midland Funding lawsuits filed in federal court alleging violations of the Fair Debt Collection Practices Act.
Stop Midland Funding Harassment
If you’re being hounded by a debt collector then you should quickly learn your rights under the Fair Debt Collection Practices Act. Because some debt collection agencies deal with very old debt, there is more reason than ever to know your rights before ever speaking to them.
Debt has a statute of limitations, which is different in every state, and once the debt has reached that limit, a debt collector cannot take any legal action against you, such as filing a lawsuit or garnishing your wages. But some debt collectors count on the fact that most consumers don’t know this. So they file lawsuits on the so-called “zombie” debt (old debt), and hope that the consumers are so scared that they simply won’t show up in court. When that happens, the judge issues a default judgment against the consumer, even though if the consumer had shown up, the case would have been dismissed. The debt collector then has gained the right to garnish the consumer’s wages.
If you’re being harassed by a zombie debt collector, learn the rights that the Fair Debt Collection Practices Act affords you, and then fight back. If you don’t, the debt collector will win by default.
Midland Funding Contact Information
8875 Aero Drive, Suite 200
San Diego, CA 92123-2255
Midland Funding Phone Number: 800-265-8825
Lemberg & Associates’ team
of consumer attorneys is highly
skilled and ready to help you
with debt collector abuse.
If you have been the victim of harassment or illegal or unfair debt collection practices, Lemberg & Associates will discuss your options with you and protect your rights. For more information, contact Lemberg & Associates today at .
Learn More About Us