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I received a summons today to appear in court for an arbitration hearing involving a company called Midland Funding LLC who is being represented by a law firm called Blatt Hasenmiller Leibsker & Moore. I have never heard of or received anything from these people.

In 2004, I had to give up my Chevy Blazer because I could no longer afford the payments due to unemployment. Wells Fargo was the title holder and they sold the vehicle for alittle over $7000, leaving a balance of alittle over $14000, this was on March 16, 2004. The summons is saying that that there was a balance of $20,694.25 on Feb 2, 2004 and this is the amount they are suing me for.

One, why are they suing me, when they've never even sent me a bill, and: Two, where did this 20694.25 come from when the receipt attatched to the summons clearly states "Total Amount of Deficiency $14338.83" Where did the other $6300 come from? Is there anything I can do about this? I understand the 14338, but what can I do about the information that appears inaccurate to me? As a full time student, I can't afford the 14K much less 20K!

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Anonymous
to damunk668 Atlanta, Georgia, United States #691044

What papers did you file?Just had the same happen to me.

Don't have a clue about court summons.Never received anything related to this.

Anonymous
to Anonymous #963905

File a "Motion to Vacate Default Judgement" as you were never never served, and therefore were not given due process.Make sure you don't sign any document with your correct signature, as they could copy and paste onto their future documents!

They have to serve you again ...Look at LoanErase.com Good luck

Anonymous
to damunk668 Chicago, Illinois, United States #687574

No it is not legal.That court does not have subject matter jurisdiction over your garnishment.

Sue the company that garnished you.

Most likely they commited fraud upon the court when they filed for the garnisnment.I am not a lawyer and this is not to be construed as legal advise but I know my stuff.

any question email me at w.demartra@acninc.net

Anonymous
#402437

HI.My mom recieved a notice of Summons to be at court saying she owes over 12 thousand to this company called Midland Funding.

She has no idea what for.

My mom keeps track of everything and I´m really scared for her.Can anyone help me regarding this

Anonymous
to Rosy #963907

She has to respond saying: DENY to all the allegations on the court paper (called an "Answer").Call the court before and they will help.

Midland is a *** Junk Debt Buyer. But they have to show proof of the original debt, then prove the exact amount, then prove they bought it.

If they cannot prove any one, the case should be dismissed.Tell your mother not to admit to any debt on phone or in court (answer: I don't recall) or she will just make it easier for Midland to win.

Anonymous
East Palestine, Ohio, United States #402076

midland funding has started garnishing my pay. never received any type of letter stating this was about to happen. how am i suppose to live?

Anonymous
#388535

I recently received a letter from Midland Funding LLC., regarding an account I never opened or have acknowledgment, for which they are giving me a settlement offer. HELP, I dont know what to do:(

Anonymous
#388516

My wages were garnished for $3K+ in 2007 which satisfied the obligation.Now, 4 years later, they never reported the account closed.

I called Midland Funding and they said they can’t do anything without a Satisfaction of Judgment (SOJ) letter which I need to get from the law firm who filed the claim. So then I call the law firm and they have to mail this SOJ to the County courthouse to get the judge to sign it. Then the courthouse mails in back to the law firm. The law firm mails it back to me.

I take that letter to the same County courthouse to file for the judgment to be satisfied.

Once it’s filed, the courthouse will pass the copy of the judgment letter back to Midland Funding who will report to the credit bureaus.Once you are finished making the payments, follow up to make sure it's reported with the credit bureaus.

Anonymous
#379071

Equal access to the legal system is one of the most fundamental rights accorded citizens in a democracy. The ability to confront one's accuser and to argue a case in front of an impartial adjudicator was a right fought for by generations of individuals and underpins the framework of societies across the world. And so it is tragic, perhaps even criminal, to see the justice system slowly but surely become inaccessible to much of the US Population.

This may be one of the greatest challenges to the US political system in the coming years, but sadly it is hardly acknowledged outside of legal circles. Though there is much scorn heaped on trial lawyers who have sued on behalf of shady clients, the truth of the matter is that most attorneys are ethical individuals who work hard for their clients and only pursue legitimate legal actions. Access to a lawyer does not cause a litigious environment, because a good lawyer will not accept cases that have no chance of success, and most people will not pay massive amounts of money to a lawyer to sue someone without there being a good chance of recouping their investment.

However, there are many groups and individuals who do have money to hire lawyers to pursue marginal cases if they expect to get something out of it. And even a mediocre attorney can argue a case more effectively than a poorly informed citizen. So people without the money to afford an attorney are losing their legal rights and getting sued for bogus reasons...

Why do individuals need so much help? And why are even relatively bad attorneys so much more successful than pro se individuals? The easiest answer is that the legal system is as steeped in custom and procedure as it is rules and regulations. Many individuals can find legal precedents and language that seem to support their arguments, but fail to realize that the presentation of evidence a certain way is as important as having the right information in the courtroom. Even poor attorneys can fight lawsuit claims in a courtroom with some success when they are unopposed because they know the culture of the legal system and they know how to present their argument to a judge or jury. Without assistance, an individual is at a distinct disadvantage.

But not all assistance needs to be provided by an attorney, and a pro se defense is a viable option for many people who have the right help from the right place. For most people consumer debt, foreclosures, evictions, wrongful terminations, traffic violations, and child custody cases are the most likely legal issues they will face. The 80% of poor Americans who cannot afford an attorney and can't obtain a pro bono attorney have no choice but to face the convoluted, particular court system on their own. But they can get help.

www.DefendASummons.com and The Defense Guide are indispensable assets for anyone who is getting sued and has to fight on their own. There is so much more to putting together a legal case than just finding what the law says and presenting that to a judge. To successfully oppose an attorney or just to maximize one's own chances in a case against another unrepresented individual a guide to navigating the procedural hoops, to presenting a case correctly, and to choosing what evidence to emphasize is vital. If you can't have an attorney represent you, then the Defense Guide is the next best thing.

Source: DefendASummons.com

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Anonymous
#379069

One of the newest trends in the debt collection business is companies that purchase junk debt and pursue collections. This unsavory practice of purchasing old debt for pennies on the dollar and trying to collect the full amount has been a “cash-cow” for many companies, including Midland Funding LLC.

Midland Funding LLC is a division of the San Diego, California based Encore Capital Group. Encore Capital Group was a third-party collection agency for over 30 years prior to beginning its practice of purchasing junk debt. Since the change, Encore has watched its profits triple.

As a junk debt buyer, Midland is one of the largest in the industry. Their size has allowed them to purchase over 5 billion in junk debt in 2010 alone. With that size, however, also comes the ability to break the debt collection laws. In 2010 the company filed a consumer debt lawsuit against 517,000 different individuals. This perversion of the court system to enforce bad debts is great for their business, but bad for the Defendant. The Defendants in these types of lawsuits may face garnishment or have liens placed against their home and real-property for a debt that is past the statute of limitations, or no longer even reportable on their credit report.

Midland Funding has been involved in many class-action suits during the last few years because of their unethical practices. Failure to comply with collection laws, shady practices for collecting debts, and misuse of the...

Consumers have substantial rights against this type of practice. Knowing those rights is imperative to fighting these collection practices. Midland Funding has openly admitted that they win most of their cases in court because of the Defendants failure to show and dispute the claim. This is known as a Default Judgment.

Consumers who do not wish to be subjected to these fear-based tactics and unethical practices should arm themselves with knowledge. The Defense Guide is a practical and informative guide that consumers can use to fight back within the law.

When you visit www.DefendASummons.com you can purchase a copy of the guide to use. This guide will provide you with all the knowledge and tips that you need to properly defend yourself against a consumer debt lawsuit.

Most cases are lost because the person being sued does not appear in court. They are fearful of the outcome or do not know how to defend themselves. Most are unaware of the rights they have or how to demand those rights. Do not let this happen to you. If you are facing a junk debt collector or court date you need The Defense Guide. What you learn from the guide today can save you from financial disaster tomorrow.

Source: DefendASummons.com

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