WinInAZ

Being Sued by Midland Funding in Arizona

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I have been reading forum after forum after forum. I keep reading how simple and likely it is to beat these jdb cases but it seems like I have yet to read a thread where someone prevailed in AZ without being represented. Do we have a sample case of someone who self represented and actually got the dismissal without settling?

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16 minutes ago, DebtFreeAZ said:

I have been reading forum after forum after forum. I keep reading how simple and likely it is to beat these jdb cases but it seems like I have yet to read a thread where someone prevailed in AZ without being represented. Do we have a sample case of someone who self represented and actually got the dismissal without settling?

Once upon a time (15 years ago) JDBs would often roll over when a consumer would put up a fight. They could only roll over so much and still make money at their 'craft'. In fact some major JDB players have crashed and burned and the ones that are left today have figured out how to win 97% of the lawsuits they bring. And that includes those where the consumer puts up a fight and is even represented. Now that FDCPA counterclaims are likely nonexistent against companies like Midland where the debt collection arm of the business is isolated from the debt buying arm of the business, I forsee more and more consumer lawyers simply advising their clients on initial consultation to just settle the debts.

The current strategy that seems to be the most successful is whacking JDBs with the arbitration clause of the debt agreements. There are a few problems with this approach. One is what happened in this thread - the court for whatever reason doesn't play along.  Another is that some credit card companies have removed the arbitration clauses completely and others still have left the arbitration clauses for their convenience but added exceptions that preclude consumers from using arbitration on low dollar debts.

It's not impossible to beat a JDB in court, but the path to victory is far from certain. Unless you need a hobby for the next 12-18 months of your life, my advice is to come at them with arbitration or, if that's not an option, try to settle the debt to prevent a judgment against you. 

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