Has Midland Funding sent you a summons? If so, then you are now the defendant in a civil lawsuit for money that you allegedly owe to a creditor.
Midland Funding, LLC is a debt collections firm that buys old credit debt from credit card companies or banks. Midland Funding and other collections companies will buy the debts for cheap and then file suit to collect on the original debt.
If Midland Funding is suing you for a past debt, don’t worry. With the help of an experienced debt collections defense attorney, it’s possible to have the matter resolved in your favor.
How Do I Defend a Lawsuit From Midland Funding?
Your best line of defense is a skilled debt collections defense attorney at Kelly & Associates. In the first consultation, we can review all of the background information regarding the debt. Perhaps you received a credit card or took out a personal loan when you were low on finances. Perhaps the debt is not even yours but belongs to someone with the same name. Believe it or not, this happens very often and the remedy is sometimes as simple as a motion to dismiss.
Do I Still Have A Case If The Debt Is Mine?
The answer is yes.
When creditor is suing for a debt, there are certain elements of the debt that must be proven. Any collections firm must show legal ownership of the debt. This is proven by providing the chain of custody from the original creditor to the present creditor.
The chain of custody will include bills of sale, bills of transfer, the original contract, etc. If the creditor cannot provide these items, then it cannot prove that it is the legal owner of the debt. If the creditor does not own the debt, then it does not have grounds to sue.
This is where many collection companies fail. If the debt has passed through several collections firms, then chances are paperwork was lost or inadvertently destroyed. This happens many times when collections companies buy batches of debts. For example, a collections agency like Midland Funding might buy 20 different accounts from one credit card company and not receive the necessary paperwork. This works in your favor.
Furthermore, the creditor must prove that you own the debt. Many times, this entails obtaining the original signed contract between the original creditor and debtor, having statements showing that the debtor did indeed accumulate the debt and sometimes having correspondences from the debtor admitting to the debt. The burden is on the creditor to prove these facts.
Call Our Debt Collection Defense Lawyers Now
If you are being sued by Midland Funding or another collections company, call Kelly & Associates today. We have a track record of success in helping clients who are being unfairly sued by debt collectors.
Call (617) 807- 0840 to speak with one of our skilled collections defense attorneys now.