Midland Funding Can Be Beat In Court.
The answer is absolutely yes. Not only can Midland Funding be beaten in court, it is very likely they will be beaten if you raise the appropriate defenses or have an experienced legal team raise them for you. Midland Funding may be a powerful, faceless nationwide company, but they still have to abide by the rules of the court system. Midland Funding is not above the law. Just like anyone else, Midland Funding must present evidence that backs up their allegations against you.
Midland Funding Must Have Appropriate Evidence.
Midland Funding must have the evidence necessary for a successful claim against you. Surprising to most, simply demonstrating that you did owe money to someone isn't enough. Midland Funding must show that you owe them the money. This is because Midland Funding is a debt buyer. They have, or claim to have, bought your debt from another company. This means that Midland Funding must have the evidence to demonstrate that they have been legally assigned the rights to your account. Documentation evidence isn't the only requirement, however. Midland Funding must also have a witness present.
Evidence Must Be Authenticated By Midland Funding
Evidence that Midland Funding brings in document form must be authenticated by a witness from the original creditor. This is because the evidence they are presenting is hearsay since the documents were not created by Midland Funding and, instead, are actually, supposedly, orginated from the original creditor. The court system does not allow someone else's words to be used in court where that person cannot be cross examined. It would be inherently unfair to the other party. Witness requirements, hearsay and assignment processes can be a tricky subject for someone who is not experienced in the court room. One of the key components to winning against a company like Midland Funding is the ability to apply the law to each document Midland Funding tries to pass as evidence quickly and effectively. There is no discovery process in the magistrate court so it is likely that Midland Funding is trying to pass documents off as evidence that you have never seen before. It is important to understand what the documents are and understand the available defenses against that document under the law. This is where we come in.
We Beat Midland Funding In Court.
Far more often that not, when we go up against Midland Funding in court, we come out with a judgment in favor of our clients. We are experienced in defending against them and we have the track record to prove it. When you are facing a lawsuit against Midland Funding, it would be advisable to at least consult with an attorney. Although you have ever right to defend yourself in court, it is rarely advisable to do so. Even if you are successful in defending against the lawsuit itself, you are more likely than an attorney to miss things like potential FDCPA claims. An FDCPA claim could create a scenario where you begin by being sued for the allegation of owing someone money and end up getting a check written to you instead by Midland Funding. FDCPA claims are more common that most would imagine.
We Can Sue Midland Funding For FDCPA Violations.
If you have experienced actions taken by Midland Funding that amount to a violation of the FDCPA, you can file a lawsuit against them. FDCPA claims have a fee shifting provision which means that Midland Funding would have to pay your legal fees in the event of a successful claim. FDCPA claims are one of the most common actions taken against Midland Funding. Violations of the FDCPA may include, but are not limited to, calling before or after specific times of day, calling neighbors or family concerning an allegation of debt, not announcing their intent to collect a debt, harassment, threats of violence and threats of criminal prosecution if the debt isn't paid immediately. Other common FDCPA claims may inlcude trying to take legal action on an alleged debt that is beyond the statute of limitations or where Midland Funding knows the debt is either no longer owed or incorrectly stated.
Call Us Today For A Free Consultation
We offer free, no obligation telephone consultations to address your legal matter with Midland Funding. As stated earlier in this post, you have options but you must act on them. A great start would be to fill out the form below or pick up the phone and give us a call. It is absolute free of charge and comes with no obligations which means you really have no excuses!