While Midland Funding, LLC is the “shell” that sues Arizona consumers, the actual collection operations, including collection lawsuits, is handled by Midland Credit Management, Inc. Midland Credit Management, Inc. has a 36,000 square foot operations center in Phoenix, which includes not only collection activity, but also is where their “in-house” attorneys are located. In reality, both of these organizations are “Midland”.
On May 22, 2012, the State of Arizona Department of Financial Institutions served Midland with a formal complaint, No. 12F-BD012-BNK, charging them with violating Arizona law.
The Arizona Department of Financial Institutions found that Midland:
- Used written or oral communication that ridiculed, disgraced, and humiliated the consumer
- Permitted its telephone collectors to use obscene or abusive language to consumer in its attempt to collect a debt.
- Misrepresented the consumer had waived his/her right to defend a lawsuit
- Breached its duty to deal openly, fairly and honestly with consumers
- Engaged in unfair and misleading practices
- Misrepresented Arizona state law to consumers
- Falsely told consumers that it had filed, or was going to file, a lawsuit against them
- Used unlawful and oppressive tactics to harass the consumer to pay
- Unlawfully contacted consumers by telephone during unreasonable hours
- Contacted friends, family, fellow workers and disclosed confidential information concerning the debtor
- Failed to send written notices required by the State of Arizona to consumers while conducting collection activity
- Failed to advise the consumer of his/her rights under Arizona collection law.
On August 14th, 2012, the President and CEO of Midland Credit Management, Inc. consented to an Order being issued against it for all of these violations…….
AND, was fined $750,000 !!
If you have been sued by Midland, this is the organization that you are dealing with.
Midland files lawsuits against Arizona consumers with the hope that the consumer will not defend themselves and that Midland can get a default judgment.
In fact, 95% of all Arizona consumers DO NOT defend themselves when sued by Midland.
The result of not defending is a default judgment that will remain on your credit report for 10 years.
Midland has a staff of in-house attorneys that have an office here in Phoenix that have developed a litigation strategy that they use against all Arizona consumers in the attempt to obtain judgments that Midland can later garnish wages/bank accounts to get payment.
The key to winning a lawsuit brought by Midland Funding, LLC is to have the courtroom experience and legal knowledge to be able challenge Midland Funding, LLC’s ability to prove its case.
The Judge in the lawsuit against you will only be able to view evidence that is “admissible” under the Arizona Rules of Civil Procedure and Arizona Rules of Evidence. By effectively arguing to the Judge in the lawsuit against you that Midland’s evidence is NOT ADMISSIBLE will prevent Midland from being able to even use it in the trial. By effectively arguing to the Judge in the lawsuit against you that Midland’s witnesses are not knowledgeable enough to testify will prevent Midland from being able to have Midland’s witnesses even testify at the trial.
YOU CAN BEAT MIDLAND FUNDING, LLC! CALL US TODAY FOR A FREE CONSULTATION (602) 230-0995