Being sued by Midland Funding – or any junk debt buyer for that matter – can be a scary experience. The big stack of documents dropped off by the process server look official and you may be thinking to yourself that there is no way you can win your case. Before you throw in the towel, let me walk you through one of the major keys to winning your case against Midland Funding. The hearsay rule. If you are like most, you have watched your fair share of courtroom [...]
Probably half a dozen times per week I meet with someone who has been notified that their next check is going to be a quite a bit lighter – wage garnishment. If you are living paycheck to paycheck finding out your wages are going to be garnished is terrifying. Here in Arizona once a creditor obtains a judgment against you they can take up to 25% of your paycheck. And what is most surprising is that for many of the people I meet with this is the first time they [...]
If you have been sued by one of the debt buyers, Midland Funding, Portfolio Recovery, LVNV Funding, you may have felt intimidated not only by the debt collection process but by the fact that you are dealing with a large company who is represented by an attorney. Many people are so intimidated that they make agreements or accept liability on a debt even though the debt buyer hasn’t provided any proof that they actually own the debt they are suing you on. There are a lot of websites that will [...]
When you get sued by a debt buyer like Midland Funding you often feel like it is you against that world – that you don’t know how to deal with it let alone win your case. In this podcast episode I go over three advantages that you have as a consumer that can help you not only survive your debt collection case but make it go away. Here are the three advantages you have over Midland Funding (and all the debt buyers):
There are times when dealing with your debt issues seem totally overwhelming. You get sick of the phone calls, you get sick of the worry, you get sick of wondering if fighting the debt collection lawsuit is the right way to go. Other times, even if you are up for the battle and ready to fight on, you need to take step back and evaluate whether it makes financial sense to continue down the road you are heading. The point is, sometimes the best tactic is to invoke the nuclear [...]
When dealing with a debt collection lawsuit most people would love to be represented by a lawyer. The problem is that many times the amount you are being sued for is relatively small and/or the attorney you want to hire is simply outside of your budget. In this podcast episode I go over four things you need to consider when making the decision whether to hire a lawyer in your debt collection lawsuit or if you should go it alone. Also, if you decide to hire an attorney two great [...]
Unfortunately by the time I meet with many clients they already have a judgment against them by one of the debt buyers like Midland Funding. Wages are being garnished or bank accounts attacked. In this episode I answer two questions that were submitted by readers/listeners on how you can reverse a judgment that you didn’t know anything about and what can be done about a judgment entered against a married couple when the debt was only the husband’s prior to marriage. Week in Review In this week’s Week in Review [...]
After all of the stress, worry, work, and preparation, it is finally here. D-Day. Trial. Your day in court. In this podcast episode I discuss what to expect on your day of trial against the debt buyer, what the procedures are, and what you can do to put yourself in the best possible position to win your case. In this episode I don’t go too deep into some of the technical legal arguments. For that I refer you to Episode 8 of the podcast which you can access by clicking [...]
Trial. If you are like most attorneys, the thought of your trial makes you a little nervous. Essentially it is a debate with real world consequences. Except with this debate, it is full of procedures and rules that you likely aren’t even aware of. In this article I would like to share with you the secret to winning at trial. It is one word. Preparation. If you are prepared to present your defenses and poke holes in their case, you will give yourself the best possible chance at winning your [...]
Week in Review New to this episode of the Consumer Warrior Podcast is the “Week in Review”. Each week in the podcast I will go over a legal issue raised in one of my cases or brought up by a client. Hopefully my answers can help you as you deal with your own debt situation. In this episode’s “Week in Review” I go over a recent trial I had with Midland Funding and some of the tactic you can expect in debt buyer trials. Bankruptcy 101 Despite your best efforts [...]
When it comes to hiring a bankruptcy attorney you have a lot of choices out there. No doubt that prior to finding my website you surfed through various bankruptcy attorney’s websites and have read what they have to say…so why should you hire me?
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We are a Debt Relief Agency. We help people file for bankruptcy relief under the Bankruptcy Code. The services, benefits, or assistance we provide in connection with consumer debts may involve bankruptcy relief under the Bankruptcy Code.