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MCM buyd debt and contracts to Midland funding for them to collect it.


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That little gem and some others are from the the Midland Funding V. Brent Ohio case.

Because the JDB's rarely give out the behind the scenes dealings between all their shell games this Memorandum helps shed a little bit of light on their process.

http://docs.justia.com/cases/federal/district-courts/ohio/ohndce/3:2008cv01434/151669/50/0.pdf?ts=1289327146

The Background information is fascinating.

"After MCM purchased the debt, MCM employed Midland to pursue collection of the amount owed on the card."

"Brent also included MCM as a counterclaim defendant since MCM is the

owner of the debt and contracted with Midland to collect it."

Anybody come across any other Midland Cases where it says MCM owns debt and contracts it out Midland Funding?

Edited by drummer55
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Nice find. If nothing else it has good case law peppered throughout the pleading.

Always know your dealing with an up and up party when the court has to order them to not use false affidavits.

See here I was thinking that was understood. However, I now know what they mean when they say nothing is understood when it comes to the law. Silly me.

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However, I now know what they mean when they say nothing is understood when it comes to the law. Silly me.

I hear ya coltfan, you would think being a judge that they would know the law.

That was one of the first things I learned in law school. Even though the judge may know the law he is there to make sure the rules of trial are followed (supposedly)

Your main job in a suit is to make the Judge understand what you claim in your suit. Or make the court understand.

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MCM and Midland Funding are essentially the same company. MCM is "Midland Credit Management." That is the parent company of MF. Gee, that's a nice set of initials for these dudes.

essentially is the key... legally they are two separate entities and if MCM employs midland funding to collect debts then thats another step in the assignment chain. Also it could be very important in States where Midland Funding would need to be registered as a collection agency to do this type of work.

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the Midland vs. Brett case was the only one I cited in my MSJ for lack of standing to sue,

..and I included SeaDragons argument of the affidavit being so vague so as to apply to "every adult person in the united states." they have no standing to sue I think.

And yet they have some nerve giving ridiculously greedy counteroffers while I dispute their claims. They are coming after me for the full amount when I'm almost 100% certain they paid maybe3 cents/dollar or 15 cents at the most, and cant even prove they own and can legally sue. Which means out of my 12k face value debt, Now they're on the hook for 300 filing fee plus whatever they paid for my debts 400-1600 dollars at the most. JDBs. STUPID. GREEDY. is it true they win 99% of their cases? this is gross injustice.

These JDBs act so entitled to what amounts to financial usury! And they lie, and then reject my generous offers. wtf. I'm so flippin mad, they are so rude.

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You're wasting your time with this, it goes nowhere. Midland doesn't need a license to sue you as the owner of the account. Concentrate on a defense, not this stuff.

The defense is covered. I'm on offense now. In states where a collection agency is legally required to be licensed this is another bullet in chamber to hit them with.

MCM doesnt need a license if the own it but Midland Funding does if they are employed to collect and sending proceeds back to MCM.

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You are confusing a debt collector with a plaintiff. Plaintiffs do not require a license to bring suit, they own the debt. If Midland was trying to collect for the OC they might need a license. Suing is not collecting.

I dunno I think the state of Maryland that said Midland is a collection agency in their settlement with Maryland and the consumer protection lawyers I have spoken with have a different view in that bringing suit is a collection activity and some states, like oregon 697.045(4) require a collection agency to be licensed in order to have access to the courts.

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