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Hello all, I have a few questions and appreciate any help! In November of 2020, I was sued by Midland Credit Management for unpaid debt of under $2500. This was a debt from PayPal Credit. I used a company called SoloSuit to help prepare a response. There was no response from MCM and then in late September of 2021, the court filed a motion to dismiss. MCM filed a request for good cause which the judge granted and a request for mediation. I now have a court ordered mediation which MCM is supposed to arrange. My questions - Will I be contacted regarding the mediation date by the court or by MCM? They keep calling me still and I do not answer. I know because I am in Florida, I have to file an MTC. Did I waive my rights to do this by filing an answer? Can anyone give me guidance on what I should say during meditation? If any additional information is needed, please let me know. Thank you all so much!

Wrong forum sorry

I provided the State of Michigan court (e.g., state district court) with an answer to a complaint brought against me by Midland Credit Management LLC. The answer to the complaint also stated my affirmative defenses which were: (1) Stale Affidavit pursuant to MCL 600.2145. I am relying on this affirmative defense because the affidavits provided by the plaintiff were over 200 days old which is beyond the 10 day timeframe in the state of Michigan pursuant to MCL 600.2145. (2) Arbitration Agreement Bars Bringing Suit. I am relying on this affirmative defense because after looking over the credit card agreement from the card issuer who sold the debt to Midland Credit Management LLC I noticed in the card agreement that there is an arbitration provision. I provided a copy of this agreement via Exhibit along with the answer to the complaint and affirmative defenses. (3) Failure to Establish a Claim for Breach of Contract. I am now waiting to have a pretrial conference in a week and wanted to know which of of the following should I file: (#1) Motion to Dismiss [or] (#2) Motion for Summary Judgment? The reason I am confused is because I read this https://get.courtroom5.com/the-motion-to-dismiss-or-the-motion-for-summary-judgment-know-the-difference/ article about the differences between motions to dismiss versus motions for summary judgment and when it is best to use one versus the other and I am in need of further clarification so that I can prepare things.

Hi everyone, I recently received a "Pre-Legal Notification" letter from Midland Credit Management, Inc. informing me about a balance owed to Capital One. The letter says, "After numerous attempts to contact you regarding this account, Midland Credit Management, Inc (MCM) will transition your account into the attorney review process after 02-12-2019." I have never dealt with anything like this before and would greatly appreciate help from someone who has any past experience and knowledge in what to do in this situation. I have read some of the other posts about sending a DV letter, waiting for a response, and using an arbitration clause but I'm not sure I fully understand what to do. I'm a student and don't have a lot of money, much less the amount they're asking me to pay. I would like to avoid paying this if possible and to have the Midland account removed from my credit report. I would greatly appreciate any reliable advice that you can offer me on what to do in this situation and thank you for your time in advance.

I'd like to find a way to discourage Midland from filing a lawsuit against me for a JC Penney account they claim they now own. From what I understand, JC Penney cards are issued by GE Money Bank, and that GE Money Bank's agreements operate under the laws of Utah. Unless a change in the account's ownership changes this, this would mean there is a 6-year Statute of Limitations which won't expire until next year. Midland recently sent me a settlement offer that I wanted to respond to in a way that may prevent them from proceeding with a lawsuit. If I sent a letter to Midland that conveys the fact that i would file a general denial, proceed with a Request for Production, and defend myself at trial, I thought this may be enough to discourage them from filing a lawsuit against me. Am I underestimating them?

in 2012, I received a summons to appear in court, and immediately called MCM. I entered into a monthly payment plan, and was advised by them NOT to respond to the summons. They said that they would advise the court that we reached a settlement outside of court, and no judgement will be entered. Little did I know, that there was a judgement entered against me! When MCM sent me my "judgement", they sent me a judgement for someone else in the county over from mine! I advised them of their mistake, and my concern for someone else having knowledge of my debt. They responded with a "Don't worry about it, we didn't send it to anyone else". I was able to make the payments we had agreed on on time, and then suddenly, MCM stopped taking the payments! My card number didn't change, my bank account information didn't change. When I asked them about this, they were extremely rude, and said that I wasn't making the payments. They were automatic payments! I also filed a complaint with my state attorney general, and BBB regarding their collection practices (Last person I spoke with at MCM demanded I pull over my car to write down information, on a very busy highway no less, and he was rude an unprofessional, not even giving me the MM MD!) 2 weeks ago, I got a letter in the mail from my employer that now MCM received a court order to garnish my wages. Obviously, the garnishment has already started, but I was never notified that they were even taking me to court for a wage garnishment hearing. I filed an appeal, and have my court date for next Thursday. In preperation for the court date, my husband had me pull out and put together all the documentation that I ever received from MCM, and one thing really shocked us - the "summons" that MCM had delivered to my home was never signed or notarized by the courts! On top of that, I'm not really sure what type of case MCM even had, considering they never supplied me with the proper judgement in the first place. The biggest issue is that my husband does not work, so I am the breadwinner in the family and we are barely keeping our heads above water. Is there anything that I can do?

First of all, I would like to say THANK YOU. This forum and its members have been so helpful. To anyone that has just started their road to credit repair, do not give up. The road may be long but it is certainly worth it. All good things take time. If I can do it, so can you. I have an old T-Mobile account that was sent to MF. I found this collection while viewing my CR. I disputed the collection, asked for DV, and contacted the CA Attorney General as I believed MF to be in violation of several FCRA’s. The collection was removed from all 3 of my CR’s. I haven’t checked my CR’s lately but I assume the collection has not been reinserted. I have not received a letter from any CRA stating that the removed collection has been reinserted. I have heard that MF may use another name, MCM, to place the collection back on my CR. Approximately once a month, I receive a settlement offer from MCM regarding this collection. Notice the name change? The collection is about 1 year from reaching the SOL. Unfortunately, I do not know if or what I may have owed T-Mobile when the account was sent to collections. Unbeknownst to me, a family member used my social to open the account and claims all was paid. Of course, I have no proof of this. About 7 months ago, I reached out to T-Mobile to find out any information regarding this account. A T-Mobile rep gave me the balance but was unable to itemize or see charges. I was told that all information was sold to MF. Recently, I was contacted by T-Mobile and offered a refund for premium service text message overcharges. I was given the option to accept a $40 flat fee or request an account summary. I requested the account summary. After a few weeks, T-Mobile sent an account summary covering the premium text messages. According to the summary, T-Mobile owes me a $200 refund. Wasn’t all my info sold? MCM is still trying to collect the original balance that is obviously wrong per the account summary I just received. The last bogus premium charge was applied a few months before the account was closed. However, I do not have a complete account summary. I suspected, if I owed T-Mobile anything, the amount claimed was wrong. I will check all 3 of my CR’s as soon as possible. I would like to purchase a home in a few years and I think MF/MCM will certainly pop back up during this process. Any advice or suggestion is appreciated. Thanks! I have not accepted the $200 refund and have until June 2015 to do so.

Today, I received a settlement letter from Midland regarding a TL that was deleted approximately 6 months ago. I never received an initial dunning letter. I checked my CR and noticed Midland's negative TL. After monitoring my CR for several months, I noticed that Midland was reporting this TL inconsistently. Midland used 2 different names (Funding and Credit Management) to open and close the TL, they listed themselves as a factoring company, made the TL appear to be a loan or revolving credit, they supposedly sent a dunning letter to my old address but pulled my CR which listed my current address and phone number. Midland also called after being told to communicate with me via writing. I contacted the FTC and the California AG to report what I believed to be FCRA violations. I also disputed the TL with the CRA's. I disputed this TL because to my knowledge the bill was PIF. I called the OC and they said the remaining balance did not seem right. However, all records were sold to the CA and I was instructed to call Midland. Of course, when Midland responded to the AG they acted as if they were operating in accordance with the law. They also claimed that the debt did not have to be validated because I did not ask for validation within 30 days. I have my old CR's, certified DV letter that asked to only be contacted via writing, phone records, and all other correspondince. I will be mailing a request for DV within the allotted 30 day period. I just wanted to know how else I should proceed with this vile CA. I believe this collection is still within the SOL. However, I've read that cell phones may fall under a Federal, 2 year SOL. I have not received re-insertion letters from any CRA so far. Midland's letter states "this account may still be reported on your credit report". Midland supplied the following: Current Balance, Payment Due Date, OC, Original Account #, Current Owner, MCM Account #, Reduced Payment Option Seems like this is a settlement, dv combo letter? How should I proceed? Thanks for any and all advice.

Recent Court of Appeals decision overturning Midland class action lawsuit settlement gives new opportunity to Georgia consumers affected by Midland Funding's filing of false robo-signed affidavits in debt collection lawsuits. You've probably heard about the Midland Funding class action lawsuits regarding robo-signed affidavits used in lawsuits against consumers, right? Well, a Court of Appeals recently decided that the settlement with Midland and its parent company, Encore Capital, was unfair and overturned the approval of the class settlement. The proposed settlement would have basically let Midland/Encore off with a slap on the wrist and an insulting $20 to each class member affected by the false affidavits. To read the Sixth Circuit opinion overturning the approval of the settlement, go here http://caveatemptorblog.com/files/2013/02/13a0050p-061.pdf This recent decision gives those Georgians who were sued during the dates of March 2010 and March 2011 where one of those false affidavits was filed an opportunity to stand up to Midland Funding, Midland Credit Management, and Encore Capital. Before, the class action could have extinguished certain rights of Georgia consumers to pursue Midland for those false affidavits. So, what does this mean? It means act quick! You may be entitled to a remedy under federal and Georgia law against Midland Funding if you were affected by those affidavits within a time period where the statute of limitations has not run out for you to do so. The statute of limitations under the Fair Debt Collection Practices Act ("FDCPA") is only one year so you can see why it is imperative to act now. The FDCPA has a provision in it that allows a consumer to recover attorneys fees and costs from the debt collector if a violation is proven - this means consumer attorneys often take on these cases for little to no money upfront from the consumer. Midland will not change its practices until it is held accountable for its policy of lying to the court. You should also know, that even while these legal class action proceedings were ongoing, Midland did virtually nothing to change its practices. Its staff continued to fill out form affidavits with little done to verify the truth of its statements to obtain judgments against Georgia consumers. So, what should you do? Contact Georgia consumer attorney Daniel DeWoskin Phone: (404) 987-0026 Email: info@atlantatrial.com ASAP to discuss (for free) your legal options to hold Midland accountable for their actions. He is looking for people who've been sued by Midland Funding / Midland Credit Management between those dates and whose cases involved an affidavit filed by Midland Funding or Midland Credit Management. It does not matter if you lost your case to Midland Funding. You may be entitled to a remedy under federal and Georgia law.