The other day I was scheduled to attend a continuing education conference with some of the local Arizona bankruptcy trustees. I thought I had given myself plenty of time. I arrived at the parking garage, walked inside, and immediately realized that I was in the wrong building. So I got back in my car and tried to head to the right building. I ran into a problem. The parking garage only took cash and I only had my debit card. I told the attendant that I had only been parking [...]
In January the State Senate in California passed legislation aimed at debt buyers like Midland Funding, LVNV Funding, and Portfolio Recovery who sue people over debts without adequate documentation to prove that they own the debt or that they are even suing the right person. This new legislation would prohibit debt buyers from obtaining a judgment in a debt collection lawsuit unless the debt buyer can prove that they own the debt, what the balance is, the date of default or last payment, the identity of the owners, and the [...]
In previous articles I have gone over the litigation strategy of debt buying companies like Midland Funding, LVNV, LLC, and Portfolio Recovery. Despite the fact that they have filed a lawsuit against you, they really don’t want to fight you. Their hope is that you will do nothing to defend yourself and that they will get a default judgment against you. So what if you put up a fight? Sometimes they will simply seek to dismiss your case. You receive the Motion to Dismiss and you are thinking that you [...]
I see it all the time. You get served with a lawsuit by one of the big debt buyers, Midland Funding, Portfolio Recovery, or LVNV Funding. You have no idea who “Midland Funding” even is, so you brush it off. Maybe they have the wrong guy. So you do nothing. Then, things are going well…a month goes by, you don’t hear from anyone…maybe they dropped it. Then you get another legal document, this time in the mail. It says something about a “default”. Not sure what it is, but you ignored the [...]
Before the first week of 2012 is over I wanted to take a look back to 2011 and the numerous topics that have been discussed on my blog. I started this bankruptcy blog in May of 2011 when I ventured out and opened my own bankruptcy law firm. I enjoy blogging and have found it to be a great way to get information to not only my clients but those surfing the internet late at night looking for solutions to their debt problems. In eight months I wrote over 100 articles [...]
Most people that will read this article have had the unpleasant experience of receiving a knock at the door only to get served with a lawsuit. After the shock subsides as to what just happened, you look at the paperwork and you ask yourself the question: “who in the world is Midland Funding and why are they suing me?” First, Midland Funding is one of several companies that buy debts for pennies on the dollar and then sues folks like you. The kicker is, you may or may not actually [...]
If you are being sued by Midland Funding, LLC here in Arizona you are not alone. Recently I have seen an increase in the number of clients coming in with lawsuits by Midland Funding and other debt buyers. What is a debt buyer? These are companies that have purchased delinquent debts from banks or credit card companies and then are suing through the state court system here in Arizona to collect on their purchased debts. Understanding how these debt buyers operate will help you in fighting the lawsuit they have [...]