Carlos28

Midland Lawsuit

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I am being sued by Midland Funding. They purchased my debt from Synchrony Bank Paypal Extras Mastercard. The debt is $4100. I received the letter today that says "unless, within 30 days after your receipt of this letter you notify us in writing that you  dispute the validity of the debt this will assume that the debt is valid."

 

I know the debt is mine. Should I dispute it?

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You can if you want. There are 2 camps on this. One camp says that by sending a DV letter, you let the creditor know that they have the right person and they will simply jump over the ridiculously low hoop of validation and sue you. The other camp says you should preserve your rights and send the DV letter and make them jump the hoop. Even if you don't send a DV letter, they will probably sue anyways because more likely than not, they have the right person and most people simply default anyways.

In the meantime, whether you send the DV or not, you need to learn about how (and when) to invoke your rights to arbitration and be ready to do so when they sue you.

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1 hour ago, Carlos28 said:
 

I am being sued by Midland Funding. They purchased my debt from Synchrony Bank Paypal Extras Mastercard. The debt is $4100. I received the letter today that says "unless, within 30 days after your receipt of this letter you notify us in writing that you  dispute the validity of the debt this will assume that the debt is valid."

 

I know the debt is mine. Should I dispute it?

You need to dispute it in some way to fight the law suit.  A lawsuit is almost always too late to file a DV letter, but the dispute could be in the form of a denial, 

At this point, you have several options.

1. Work out a settlement between now and when the answer is due.  If you have enough money, and you don't want to spend the time to fight this, a settlement might be the best answer.

2. If you are completely destitute, disabled, etc. -- in other words, a real hardship case -- I think Midland has a hardship program some people have used.  If you can show a real hardship, they have been known to just drop the lawsuit.

3. You can fight this, and probably win.  Look up the arbitration section, and look at some of @fisthardcheese's posts on arbitration.  There are many people who have used arbitration to completely beat Midland/Sychronicity lawsuits.  

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On 12/3/2019 at 10:46 AM, Carlos28 said:
 
 

I am being sued by Midland Funding. They purchased my debt from Synchrony Bank Paypal Extras Mastercard. The debt is $4100. I received the letter today that says "unless, within 30 days after your receipt of this letter you notify us in writing that you  dispute the validity of the debt this will assume that the debt is valid."

 

I know the debt is mine. Should I dispute it?

Did they file a lawsuit in court?  Or did they only send you a letter saying they would sue you?

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On 12/3/2019 at 12:09 PM, BackFromTheDebt said:

I think Midland has a hardship program some people have used.  If you can show a real hardship, they have been known to just drop the lawsuit.

I lost my job 2 years ago. I have been applying since and have not landed a job until today. The money that I have is what I have saved over the years and not much. Should I call the lawyers who are suing or midland? Can they use this against me in court?

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1 hour ago, Carlos28 said:

I lost my job 2 years ago.

Unfortunately that isn't the kind of hardship that will get Midland to cease collections.  Permanent disability or being on social security is.

2 hours ago, Carlos28 said:

Should I call the lawyers who are suing or midland?

Since they have already sued any discussions would be with the law firm.

2 hours ago, Carlos28 said:

Can they use this against me in court?

Settlement talks are not admissible in court.  Many parties settle suits simply because it is cheaper not because they agree with the suing party.

2 hours ago, Carlos28 said:

They filed a lawsuit in court.

Synchrony has the best arbitration clause of all the creditors.  You can settle at any time prior to a verdict.  I would file an answer and then a MTC arbitration.  If the MTC is denied then you can make a settlement offer.  If the motion is granted Midland will fold and drop the entire thing and you spend nothing.

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On 12/4/2019 at 3:33 PM, Clydesmom said:

You can settle at any time prior to a verdict. 

Can I settle in court during the first court date if the judge doesn't grant the MTC arbitration? 

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You can settle a case anytime before the judge or jury reaches their final verdict at the end of a trial. Many cases are settled on the courthouse steps, so to speak.

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