If you have received a collection letter or series of collection letters from Midland Credit Management, Midland Funding, or any other company that make false legal threats or deceptive representations you can fight back. Midland Credit Management, Midland Funding, and other related companies are blanketing the country with threats and statements that are sometimes false. These threats and statements include:
- “Final Notice”
- “Attorney Review Planned”
- “Failure to Reply Will Result in Attorney Review”
- “Pre-Legal Notification”
- “Act Now: Attorney review may be the next step”
- “Final Notice Extension”
- “Pre-Legal Notice”
- “Avoid the planned attorney review”
In many cases these are false threats to take legal action that violate the Fair Debt Collection Practices Act. In other cases claiming a letter is a “Final Notice” when it actually is not is deceptive and unfair. Midland Funding and Midland Credit Management are part of a larger corporation that collects billions of dollars every year. They do so through illegal threats and deceptive statements but also use the court system to sue consumers. Even so, these threats may be considered false, deceptive, or unfair under federal law.
Midland Credit Management, Midland Funding, or other similar companies may also be reporting the debt in your credit reports. Even if you paid them the account could continue to report. A good debt collection litigation attorney can usually get the account removed from your credit report as part of the settlement process.
Midland Credit Management, Midland Funding and their parent company Encore Capital were all sanctioned by the federal government in 2015 for illegal debt collection tactics. That obviously did not stop them from seeking other ways to violate the FDCPA.
In many cases Midland Credit Management, Midland Funding and Encore Capital’s other companies collect debt without the paperwork required to prove the debt is owed or was legitimately purchased by them for collections. Without proper documentation they should not be able to prove their cases but because most consumers never appear in court or answer the complaints against them, default judgments are entered. When that occurs Midland Credit Management and Midland Funding still win the case. It’s sad but true.
In many cases you can fight back and not only win your case and never pay the collection account, but also make Midland Credit Management, Midland Funding or Encore Capital pay you for your damages, court costs, and attorney’s fees.
If you have received a summons and complaint or you are getting these fake final notice letters let us help you. You must act very quickly however. The statute of limitations on cases under the FDCPA is very short. Delays are therefore often fatal to your case. Make this a priority and call us today so these companies don’t get a judgment against you that you could have avoided and maybe turned against the collectors.