HoneyPlease

Sued by Midland FundingLLC

32 posts in this topic

My case goes back to 2016 basically extending I have no income except exempt income and Judge already told me in th plaintiffs attorney it could not be touched but they will not dismiss. The amt is less than 600.  My health is not good and hubby could not stand in proxy. I need some help the info they send has the smallest font cannot see with glasses and magnifying glasss. Please advise

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Contact Midland directly and inform them that you are SSI or disability and all income is exempt from levy or seizure.  Several people have had success with their hardship program doing this.  They may ask for proof of income and that is okay.  You merely present your proof you qualify and Midland will drop the case.  The law firm will have no choice.

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5 hours ago, Clydesmom said:

Contact Midland directly and inform them that you are SSI or disability and all income is exempt from levy or seizure.  Several people have had success with their hardship program doing this.  They may ask for proof of income and that is okay.  You merely present your proof you qualify and Midland will drop the case.  The law firm will have no choice.

I called and they just recorded my conversation and referred me to their attorneys who kept telling me I requested debt validation which I did not.   They kept saying sorry you cannot pay but you need to obtain your own attorney.  I told them I have nothing but my Social Security Disabity and it was e they did not care.  What can I do now?

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@HoneyPlease Did you by any chance reference Midland's Pledge/Consumer Bill of Rights? A recent poster @smc1 was able to work with a courteous and cooperative Midland attorney using this pledge to have the case dismissed due to a similar hardship. Perhaps you might try again after clicking on this link:

OUR PLEDGE
Midland Credit Management is committed to maintaining the highest standards of honesty and respect. To demonstrate our commitment to conducting business ethically we have developed the industry’s first Consumer Bill of Rights.

In all that we do, we strive to treat consumers with respect and integrity. We are committed to engaging in dialogue that is respectful and constructive, creating solutions for our consumers that resolve their obligations, and ensuring that those who work on our behalf adhere to these same standards. We operate in compliance with the laws that regulate our industry, and we hope to play an important and productive role in people’s lives.


Our Consumer Bill of Rights

Article 2: Hardship

Consumers Who Are Servicemembers, Victims of Natural Disasters, or Who Are Experiencing Medical Issues, Job Loss, or Other Hardships 

-We actively seek to identify active duty servicemembers and stop collections from those servicemembers.

-We suspend collection activities when a consumer demonstrates that he or she is experiencing significant financial hardship due to medical issues.

-We suspend collection activities when a consumer is a direct victim of a natural or other catastrophic disaster.

-We cease collection activities when we receive documentation indicating that the consumer’s only source of income is from exempt sources, such as Social Security or Supplemental Security Income benefits, and that the consumer has access to no other assets. We work with and are sensitive to consumers who encounter unforeseen circumstances, such as job loss.

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Call them back and direct the attorney to this website. 

https://www.midlandcreditonline.com/who-is-mcm/our-pledge/

We've had a dozen people use this in the last year or so, so we knowit works.  If they still won't budge, ask them why and then let us know what they say. 

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10 minutes ago, Harry Seaward said:

Call them back and direct the attorney to this website. 

https://www.midlandcreditonline.com/who-is-mcm/our-pledge/

We've had a dozen people use this in the last year or so, so we knowit works.  If they still won't budge, ask them why and then let us know what they say. 

I did reference it to both Midland and their Attorney but they kept referring me to seek my on attorney.

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There's a piece of this puzzle that is missing. Like I said, several people have used this method. You are the first person to report any kind of problem.

Why do you suppose they kept telling you to get your own attorney? Did you threaten to sue them or anything like that?

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1 hour ago, Harry Seaward said:

There's a piece of this puzzle that is missing. Like I said, several people have used this method. You are the first person to report any kind of problem.

Why do you suppose they kept telling you to get your own attorney? Did you threaten to sue them or anything like that?

I did not tell them I would sue . I will try again Monday.  I will reference what you have posted -

 

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Well I called again and they referred me to the attorneys who  sent a letter in aiil.

The letter is trying to get financial inf no mention of exempt or hardship..  I am done exposing myself to these vultures.  My eyesight is not good but I will fight to the best of my abilities..

I  have denied this account but yet have to wreck my brain 

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33 minutes ago, HoneyPlease said:

The letter is trying to get financial inf no mention of exempt or hardship..

You have to send the information for them to determine you qualify for the hardship.  If consumers were not required to submit some sort of proof then all of them would claim a hardship exemption.  You have NO risk from disclosing your SSI.  They can't take it no matter what.  If you want it to go away send what they asked for.  All you lose is a stamp.

 

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I am sorry this is identification fraud paperwork that they are trying to solicit info about they are totally ignoring the hardship and exempt income.  I would have provided that info.

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5 hours ago, HoneyPlease said:

I am sorry this is identification fraud paperwork that they are trying to solicit info about 

They wouldn't ask for your financial info on a ID theft claim.

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42 minutes ago, Harry Seaward said:
 

They wouldn't ask for your financial info on a ID theft claim.

You are right they are not asking for banking info but they are asking about a card that I have denied having.  I cannot answer any of the questions about this card or go and fill out a police report for said card.  What I shared was that my information was compromised four times twice by the government so I am on watch for fraud.   They keep ignoring that I am disabled and receive disability.  I would provide them the information if they accept hardship and exempt instead of accepting fraud complaint.

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13 minutes ago, HoneyPlease said:

  I would provide them the information if they accept hardship and exempt instead of accepting fraud complaint.

Ok, remember when I asked if you threatened to sue them "or anything like that"? This is what I was looking for, and is the missing piece of the puzzle for why you're having such a difficult time with the hardship claim. 

I don't know how to tell you to do it, but you're going to have to find some way to hit the reset button and get them to forget about the fraud claim.

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1 hour ago, Harry Seaward said:

Ok, remember when I asked if you threatened to sue them "or anything like that"? This is what I was looking for, and is the missing piece of the puzzle for why you're having such a difficult time with the hardship claim. 

I don't know how to tell you to do it, but you're going to have to find some way to hit the reset button and get them to forget about the fraud claim.

This was done in front of a judge early in my case when the fraud and disability these guys are butt holes.  My health cannot take it and the claim is too darn small to get an attorney .

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1 hour ago, HoneyPlease said:

My health cannot take it and the claim is too darn small to get an attorney .

Your options are pretty limited then.  If you have nothing they can take, any judgment they get will be a hollow victory.  Forget about it and take care of yourself.

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1 hour ago, Harry Seaward said:
 

Your options are pretty limited then.  If you have nothing they can take, any judgment they get will be a hollow victory.  Forget about it and take care of yourself.

I will keep fighting cannot get a judgement even if they cannot get exempt income other things can increase because it would lower my scores.

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1 minute ago, Harry Seaward said:

They will get a judgment if you "fight". The only way to avoid it is arbitration or settle with them. 

I thought about settling my husband thinks I should but I have won before.  How much is reasonable on a 500 dollar debt ?

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At this point, I doubt they will accept less than the full amount, and will probably want some of their costs/fees too.

But if you absolutely cannot have a judgment, you really don't have a choice because the odds are in their favor. 

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@HoneyPlease, I am one of the individuals referred to who had a wonderful experience with Midland Funding.  My only source of income is Social Security.  The first time I called to speak with the Attorney assigned to my case at Midland, and they had filed a suit against me, I did not get through to him, however the individual I did speak with was very polite and asked if I wanted to initiate a 'hardship case'.  I wasn't comfortable, feeling mistrustful and fearful of talking with a Collection Company, and Harry Seaward encouraged me to call them back.  The second time, I was able to get through to the Assistant to the Attorney who was assigned to my case and she provided me with his Direct Line and I was able to get through to him easily.  

He was wonderful, I offered him a copy of my Official SS Statement, which as you probably know you can save as a PDF by signing into the SS website, as well as a scan of my Medicare card saved as a PDF.  He didn't even want any of that, however I provided it to him anyway, and he provided me with his direct email address.  He wanted an 'accounting' of what my income and expenses were, which I prepared and provided him in a zipped PDF along with the PDF of my Official SS Statement and scanned PDF of my Medicare Card. 

Within an hour of receiving my documentation, he had emailed me a PDF of a Praecipe -Request for Court Action by Midland to Dismiss the Case, with Prejudice, signed and dated by him which he sent to the Court.

Throughout my experience with him, he was extremely courteous, prompt and did everything exactly as he stated.  I let him know how appreciative I was of his help, courtesy and professionalism.

Not only was the case dismissed, but the account was also removed as a Collection from my Credit Report, after an individual here had queried whether it was on my Credit Report, I checked on Credit Karma and it was.

I hope that you will take the advice of the great folks here like @Brotherskeeper and @Harry Seaward and do try to get through to the right person at Midland, who would be the Attorney assigned to your case.

If it helps, the number that I called was:  Internal Legal Department 866-300-8750

Best of luck to you.

 

 

 

 

 

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Well now they’re are asking for Motion For Summary Judgement stated I did not answer admissions within 15 days. This is not true . I completed in front of Judge and Plaintff.  How do I answer this motion ?  I am not strong enough to defend myself anymore because f heart/ lung issues. This case is over 2 years.  Is it too late to bring in Attorney

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Don't bother answering. Even in the very slightest possibility you can defeat the MSJ, they will win the trial. Since your only income is protected from judgement, they won't be able to collect it anyway. Forget about this debt and focus on your health. Seriously.

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Your credit is already damaged by the charged off account. A judgment isn't going to make much difference. 

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