Have you been sued by Midland Credit Management (MCM) or Midland Funding? It is important to note that you have rights as a consumer. If you have been sued, you need a debt defense attorney to advocate on your behalf and advise you through this process. Trust experienced attorneys at Ciment Law Firm, PLLC, Texas Consumer Protection, who focus on debt-collection lawsuits.
In our experience, most people have never heard of MCM or Midland Funding. They only learn of their existence after they are served with a lawsuit by them. Over the past couple of years, MCM and Midland Funding have both decreased their collection activity and gone straight to a lawsuit, preferring to use the courts to do their collection work for them.
Let’s Recap: Who is MCM, Are They the Same as Midland Funding?
MCM and Midland Funding are two separate companies; however, they are both subsidiaries of a debt collection agency based in San Diego, California.
Midland Funding is a company that buys debt, mostly from credit card issuers, such as Capital One, CitiBank, Synchrony Bank and others. Midland Funding pays an average of four cents on the dollar of the debt owed to those credit issuers.
MCM is the collection arm of the business, and as we just explained, they buy the debt cheap which means with the proper legal representation there is a lot of room on the table to find an avenue for a favorable outcome.
If you have received a letter from MCM, you may be seeing MCM or a version thereof on your credit report. They may appear on your credit report as any of the following:
- MCM Credit
- MCM Midland Credit Management
- Midland Collections
- Midland Credit
- Midland Credit Mgmt Inc.
- Midland Fund
- Midland Funding
- Midland Management
Why Did I Get a Pre-Legal Notification?
The answer is to scare you into engaging the debt collector without understanding your options or rights. MCM does NOT want to have to spend the time and money to sue you. They’d rather scare you into making their life easier by picking up the phone, calling them, and paying them in full (even though they bought your debt for about four cents on the dollar, but that’s a story for another day).
Does it Matter if MCM or a Law Firm Sent the Letter?
If a law firm sent the letter, the debt is in the hands of the law firm and you should seek competent counsel from a debt defense law firm. The collection law firm is trying to scare you into paying before they go through the time and expense of filing a lawsuit.
If MCM sent the letter, this implies they are using scare tactics to get you to settle the debt without fully understanding all the options that are available without paying the full debt.
One of our clients had tried to deal with MCM on her own to settle a debt that was in the thousands. MCM offered her a discount of $20 if she paid in one lump sum payment. Luckily, she called us, and we were able to get her case dismissed. We hear stories like this every day. Before you deal with a debt collection lawsuit, get help from someone who has your best interests in mind.
We’re here to help you fight back against harassing, inaccurate, or aggressive debt collection efforts from the Midland companies.
What Do I Do Now that MCM is Suing Me?
If you were sued for a debt, it is critical to speak with us sooner rather than later. You must respond to the lawsuit.
If you do not respond, three things will happen:
- MCM will likely file a “request for default,” which means that you no longer have the ability to respond to the lawsuit and defend yourself. Once you have defaulted, you will not be able to disagree with the amount of money you feel you owe.
- MCM may then ask the court to enter a default judgment against you.
- Finally, MCM can enforce the judgment against you by garnishment of wages, levying, or liens. This will also show up on your credit report.
A default judgment entitles MCM to take further actions to collect the debt. Those efforts can include freezing your bank accounts, garnishing the money in your bank accounts, and putting liens on your property. Contact us before this happens to you. We have helped thousands of clients, just like you, fight back against MCM and other debt collection companies.
It is important to remember that MCM has the burden of proof, to prove the following:
- They own your debt
- The debt amount is correct
- Your information in the lawsuit is correct
- The statute of limitations hasn’t passed
If MCM can’t meet the burden of proof, then there is a good chance your lawsuit can and will be dismissed.
Contact Ciment Law Firm, PLLC, Texas Consumer Protection
At Ciment Law Firm, PLLC, Texas Consumer Protection, we focus on bankruptcy, debt collection defense, and consumer protection. Don’t wait until it’s too late! Call us at (281) 937-3949. If Midland Credit Management is pursuing you, our debt assistance attorneys are here to help. Whether it’s Midland Credit Management, Cavalry, or any other debt collector, let us put our 3-Step Proven Process to work for you.
We invite you to join our Texas Debt Defense & Protection Facebook Group for more information. We created this group for current and past clients of the Ciment Law Firm, PLLC, Texas Consumer Protection, and Texans struggling with their debt and looking for solutions. If you’re dealing with debt, were recently laid off, are behind on your house or car payments, or have been sued for debt, we encourage you to join our group and get the support you need.
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The information in this blog post (post) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.