Debt buyer
You are being sued by Midland Credit Management
One of the largest debt buyers in the country. Midland Funding buys charged-off portfolios in bulk and Midland Credit Management services and sues on them. Because the account moved from the bank to a portfolio to a servicer, the paperwork trail has to be reconstructed before they can prove they own your specific account.
Also appears as: Midland Funding LLC, MCM, Encore Capital · Serviced by Midland Credit Management, Inc. · Parent: Encore Capital Group, Inc.
The deadline is the only thing that is urgent today
Your summons states how many days you have to file a written response, generally 14 to 35 days from the date you were served. If that date passes without a filing, Midland Credit Management can ask the clerk for a default judgment and win without producing any document at all. Everything else can wait until after your Answer is filed.
Where their paperwork usually falls short
- A bill of sale that names a portfolio, not your account number
- No account-level schedule tying your account to the sale
- Affidavits signed by a Midland employee describing the bank's records
- Missing or partial monthly statements from the original creditor
- No signed cardholder agreement for your specific account
Defenses commonly raised in these cases
- Lack of standing / no proof of assignment
- Broken chain of title
- Amount claimed is unverified
- Hearsay affidavit
- Statute of limitations
Raise the defenses that match your facts. The toolkit explains each one and when it applies before you select it.
Who usually files these cases
In-house Midland counsel · Local collection firms retained state by state. The name of the law firm on your papers is not the plaintiff. The plaintiff is the company listed in the caption, and it is the plaintiff that has to prove ownership of your account.
Your next four steps
- 1Write the date you were served on the first page and calculate your deadline.
- 2File a written Answer with the clerk of the court named on the summons, and mail a copy to the plaintiff's attorney with a certificate of service.
- 3Serve discovery asking Midland Credit Management for the bill of sale and the account-level schedule naming your account number.
- 4Calendar the response deadline and keep copies of everything you send and receive.
Sued by someone else?
Educational information and document preparation only. Make Them Prove It is not a law firm and does not give legal advice. Rules and deadlines differ by state and by court, so confirm them with your court clerk or a licensed attorney in your state.