Bud Hibbs loads Midland Credit to the Law...

November 2009 I sent midland validation letter certified mail never heard from them for 5 months then my ex brings me a summons to appear in court (sent to wrong address) well I went to court me and there lawyer agreed to settle for half and I paid with money order as agreed now there are reporting to credit bureaus the remaking balance even though I have letter from there attorney stating account paid in full as long as funds cleared well it was a money order what can I do about this and can you refer me to a lawyer in va..?

October 2009 As always, you, your staff and website are top shelf. You’ve helped me out so much over the years, I’d like to contribute back to your community. I hope this snippet of information helps.

I am an IBM iSeries (AS400) Engineer. An iSeries or AS400 is a mainframe computer which stores and crunches numbers. They are widely used among many industries where millions of accounts are involved and processing must take place at a high rate of speed. The AS400 is widely used due to it’s inherent reliability and ability to crunch extremely large amounts of data..

Like many large collection agencies, Encore utilizes the iSeries. This is evident through a simple internet search which includes the name of the collection agency and ’iSeries’ or ’AS400’.

Encore’s financials and their employee profiles point to their wide usage of the AS400.

http://sec.edgar-online.com/2004/03/02/0001084961-04-000032/Section2.asp
http://www.linkedin.com/pub/9/a29/40b
http://www.mcmcg.com/careers/pdf/sd/Helpdesk Specialist.pdf
http://systeminetwork.com/article/field-guide-encores-system-i-software

Attorneys should demand the following from Encore and all collection agencies who utilize IBM AS400 or iSeries equipment.

~ All IBM system 'table' or 'file' records describing or having relevant information pertaining to their clients. There may be more then one 'table' or 'file' where client records are housed. Examples would include 'transaction detail', 'summary' and 'account master' files.

~ ‘Data Dictionaries’ which describe each table (file) record layout including all fields and their characteristics so that the attorneys can understand the nature of the information populating the described fields.

~ Descriptions of the programs used to display or manipulate the records of their clients.

~ Developer and User lists of the vendors and individuals who create, edit, manipulate or utilize these programs in order to extract the attorney’s client information. These companies, programmers and end users have a direct effect on the validity of the attorney’s client information.

This is a partial list. I would recommend that you notify client attorneys to seek out iSeries or AS400 consultants in order to better understand the value of the information these bottom feeders are attempting to keep hidden from the public.

It's time we drill down into these bottom feeder's computer systems and make them produce validity.

October 2009 Debt collection under cloud: Sandusky woman's case raises questions nationwide
Andrea Schwarzentraub alleged that affidavits a company used in an effort to collect $4,100 from her were not legal.

By LARRY P. VELLEQUETTE BLADE BUSINESS WRITER

SANDUSKY — Andrea Schwarzentraub is no muscle-bound warrior, but the slight 32-year-old from Erie County has dented the nation's massive debt-collection dragon.

U.S. District Court Judge David Katz ruled that the commonly used affidavit submitted by one of the nation's biggest debt collectors to collect $4,100 from Mrs. Schwarzentraub — and the debts of many others — was not legal.

Judge Katz issued an injunction against the company, throwing into question thousands of collection lawsuits across the nation that used the affidavits to collect outstanding debts.

In a tersely worded rebuke of Midland Funding LLC and Midland Credit Management Inc. — subsidiaries of Encore Capital Group Inc. of San Diego — Judge Katz found that clerks at Midland Credit had, as a practice, signed affidavits stating that the individual clerk had “personal knowledge” of the debt being collected when they did not possess such knowledge, and that who signed the affidavit, upon which the company's collection lawsuits are based, was “an entirely random act” based solely on when the affidavit came off the company's printer.

Because the affidavits were false, the judge ruled that the company's collection process was not legal.

“It is unclear to this court why such a patently false affidavit would be the standard form used at a business that specialized in the legal ramifications of debt collection,” Judge Katz wrote as he issued an injunction against the debt collection agency's practices in August. He reaffirmed the decision Sept. 23.

He left open for trial the underlying question of Mrs. Schwarzentraub's original alleged debt.

Mrs. Schwarzentraub's lawyer, Dennis Murray, Sr., of Sandusky, petitioned Judge Katz last month to certify his client's case as a class action against Midland and Encore's other affiliates.

Mr. Murray argues that Encore's affiliates violated the law if they collected debts under false pretenses and says potentially tens of millions of dollars paid by debtors might have to be given back.

“It's not clear what happens next. This is the opening of Pandora's box,” said Mr. Murray, whose Sandusky firm, Murray & Murray, specializes in class actions.

Paul Grinberg, a spokesman for Encore Capital, did not respond to several calls seeking comment.

Three lawyers representing the Encore subsidiaries in the suit also did not respond to calls seeking comment.

However, in court filings in the case, the attorneys representing the Encore subsidiaries argued that Judge Katz overstepped his authority to grant an injunction in the case and said the affidavits with which Judge Katz took issue were modified several months ago to alter the questioned language.

Collecting bad debts — everything from unpaid credit cards and gym memberships to overdue parking tickets — is a $40 billion industry in the United States and one that's grown in size and scope as the economy has weakened consumers' ability to pay their bills.

The process of debt collection, however, has evolved as information technology has advanced.

What was once an industry dominated by small, decentralized, and divergent companies, each with a handful of employees and a battery of phone lines, has grown — thanks in large part to the information now available on the Internet — into a data giant able to instantly match individuals to debts they may have owed decades ago.

According to the American Collectors Association, an industry group, Encore is one of the biggest players in distressed consumer debt collection, which purchased $1.9 billion worth of unpaid debt for $82 million in the second quarter of this year, according to the firm's filings with the U.S. Securities and Exchange Commission.

Encore subsidiary Midland Funding is no stranger to controversy.
Just last month, Maryland's commissioner of financial regulation issued a cease-and-desist order against Midland and other Encore subsidiaries, prohibiting them from continuing collection activities in the state.

The companies were not licensed to conduct collection activities in Maryland, yet had filed over 10,000 lawsuits and other debt-collection actions there in the last two years.

Ohio doesn't centralize its court records, so the amount of business Encore does in the state is less clear. Toledo Municipal Court records indicate that Midland Funding LLC has filed 1,530 cases there since Sept. 1, 2007, and an additional 700 delinquent-debt cases in Lucas County Common Pleas Court.

More than 200 such cases were filed in Sandusky over the same period, and more than 700 in Monroe County First District Court in Michigan.

For those on the receiving end of the company's lawsuits, such as Mrs. Schwarzentraub, the court notice can come out of the blue.

“I received an affidavit in the mail saying I was being sued for around $4,000; basically that I was to appear in [Sandusky Municipal] Court on this,” said Mrs. Schwarzentraub, who was being sued under her maiden name, Andrea Brent.

She contends she knew nothing about the debt.

Although Judge Katz has not ruled on the underlying issue of whether Mrs. Schwarzentraub is responsible for the debt, she says the company erred, and she hired Mr. Murray to fight the debt collection.

David Cherner is legal counsel and director of state government affairs with the American Collectors Association, a 5,300-member trade association for debt collectors that enforces, among other things, a code of ethics for its members.

After reviewing Judge Katz's rulings in the case, Mr. Cherner said he doesn't believe the behavior cited in the lawsuit is widespread within his industry.

“I don't think debt collectors have an incentive to pursue these deceptive practices,” Mr. Cherner said. The vast majority of debt collection efforts are negotiations between the person who allegedly owes the debt and either the lender or a third-party representative, Mr. Cherner said.

When those negotiations are not fruitful, “litigation ends up being the option of last resort, and filing a lawsuit is not cheap.”

State and federal laws are on the books to protect creditors from unscrupulous collection tactics. According to the National Association of Attorneys General, debt collection was the No. 1 consumer complaint filed with offices of state attorneys general during 2008.

Richard Cordray, Ohio's attorney general, told The Blade, “Not only is there a lot more debt collection going on, because people have a lot more bills, but debt collectors themselves are having a harder time staying within their guidelines, and [debt collection] companies are having a lot harder time controlling the actions of their employees, especially those that are working on a commission basis.”

Mr. Cordray said he couldn't comment on the Midland case specifically, nor on the company's practices in general, but he said that “there is nothing illegal about debt collectors using the legal process aggressively.”

He urged consumers faced with debt-collection problems to know their rights under state and federal laws and to contact his office if they believe their rights have been violated.

September 2009 They have continued to report an collection debt that was paid off, with them, last year. They acknowledge the settlement, but say that can't remove the report, some other office has to. Got bounced around from office to office. This ONE debt is listed on my credit report 6 TIMES, yet every time I dispute it, it stays on. Shame on those reporting agencies for not doing their job and cracking down on Midland!

June 2009 ****CONSUMER ALERT***** HAVE YOU BEEN SUED BY MIDLAND CREDIT MANAGEMENT AND WON, ONLY TO FIND THAT THEY ARE STILL REPORTING THAT DEBT IN YOUR CREDIT FILES? THAT IS WRONG...VERY WRONG! IF YES, PLEASE CONTACT US FOR INFORMATION, ASSISTANCE AND REFERRAL TO A LAW GROUP INVOLVED IN GETTING THOSE ACCOUNTS DELETED.

EMAIL: cap@budhibbs with your contact information.

June 2009 I just wanted to add my name to this list of 1990's old Citibank debt (settled in 1997) that MCM is trying to collect on. These bottom feeders started calling every 2 hours starting 4 days ago. Before I talked to them, I armed myself with my state's consumer protection and debt collection laws. I am sending my registered C & D letter tomorrow morning. Absolutely amazing.

No absolutely GREEDY! They purchase old, out of statute debts, then rent an auto dialer and think they have the right to come after you. Why not make them spend more money. Instead of the C&D letter, send them a Dispute Validation Notice. It will cost them more to answer, while wasting their time and postage. FAX your notice to:
Midland Credit Management, Inc. Robin Ross Pruitt, House Attorney, 8875 Aero Drive Suite 200 San Diego, CA 92123 Fax: 800-306-4443

March 2009 I beat Midland Funding LLC. Last December I received a court summons from Midland Funding LLC for a credit card account from Aspire Visa that had been charged off over three years ago. The balance was over $1600. I answered the summons and asked for all the paper work ie- signed contract with Aspire Visa, signed contract with Midland Funding, ETC. ETC. All they sent me was the standard brochure that is enclosed with every credit card offer and a statement claiming Midland Funding owned the debt. Well 2 days ago their lawyer's office started to call me. They wanted to settle the account. Today was the day at 1pm in Northern Carroll County Court. I arrived at 12 pm. The clerk ask my name, then told me she had a message for me. It was a fax from the lawyer's office saying Midland Funding had dropped the suit. THIS GOES TO SHOW YOU, DO NOT BACK DOWN STAND UP TO MIDLAND FUNDING.

March 2009 This collection agency calls and harasses me numerous times a day. I have been polite in asking them for debt verification as well as any info they may have regarding a debt that is 5 years old. I have even called the original creditor and they have no record or file as this debt must have been sold and traded with other collection agencies before Midland bought and retained this debt. This company is known for buying old debts that are almost uncollectible for cheap buy and trying to charge the consumer for the original debt plus a daily accruing interest rate. I have even called and asked for there customer service manager and they refused to give me a lead person and they will not help me unless I agree to settle this debt and give them either a credit card or other immediate form of payment. They even sent me a letter one time saying that this will make it to further collection stages such as arbitration or possible litigation. I also have a letter saying if I pay this debt as agreed either in full or via there payment plan they will report to the bureau that this is PAID IN FULL. But in little letters at the bottom of the letter it also says. YOUR CREDIT REPORT WILL NOT BE UPDATED IF THE FEDERAL REPORTING PERIOD HAS EXPIRED.. is this legal because I have never got such a letter from another collector saying that in there letter. I have also sent a formal complaint to the Government for there investigation over there business and collection acts.

March 2009 Midland Credit Management, Inc., 8875 Aero Drive, Suite 200, San Diego 92123 is bonded. Registration #4355. Initial date of 5-15-03. Expiration date 5-15-09. I'm suing them both. Both Asset and Midland could not validated debt. Midland also redated- information to make it look like I paid in 2008, continued to call, SOL has well expired and this debt was in dispute with Verizon that was dropped almost 10 years ago. In addition, I'm also suing CMG for opening and reporting an account with a $10,000.00 line of credit that I never authorized, signed for, etc. It's on my credit filed as opened in 11/2005, closed 12/2005.

March 2009 I was served with court papers from Midland Funding LLC in January 2008 after sending a debt validation letter to Midland Credit in December 2007. They were represented by Hayt, Hayt & Landau in Florida. After a year and 3 months, final judgment was rendered in my favor. I appeared pro se and the lawyer from Hayt, Hayt, & Landau actually had the audacity to laugh in my face as I presented my case.

March 2009 Midland is suing us for a time barred debt. The SOL is way past 4 years for PA. The DOLA alone is 7/2002 according to one of the major CRA's and we have collections letters from 2 other JDB's previous to Midland trying to attempt to collect when out of SOL.

March 2009 Would just like to say "thank you" to your website. The information I received from your website helped me to fight off Midland Credit Management. I followed some of the letters that were posted filed them with the court after I received my summons and they were not able to validate the debt and we just received the Order of Dismissal from the court. I am so glad I did fight them and filed papers and sent certified letters it was well worth it.

February 2009 I am currently being sued by Midland Funding LLC, they have enlisted the attorneys of Wetsch and Abbott PLC Attorneys at Law. Midlands Funding has tried to sue me for another account just last month I showed up in court and they did not and the case was dismissed. Shortly after that I received another summons for another account that Midlands has acquired. But this time they are using these attorneys. They filed a form 400 through the state of Minnesota. Not sure what all this means. I do have a question I live in Nebraska where I have lived for 3 yrs. SOL is 4 years. They are suing me in Iowa where the SOL is 5 years. Which SOL can I use? (They served paper at my parents home in Iowa) Can they file in a state that I do not live in? I have requested that validate the debt but they have not done that. The summons states that the final statement on this account reveals the amt owed is 9300.00 from 2004. I have asked them to supply me with original documentation of the debt showing my signature am I out of line asking for the original documents. The reason for that is I do not ever remember having this debt or applying for this debt.

February 2009 I hardly got any mail from them, I've moved a lot and started getting phone calls. I went through some old mail and saw they were trying to collect for a cc that had been removed from my credit. it was opened in 2001 and I let a roommate use it to get his car out of towing and he moved! They then say they sold it to you got served.com which doesn't even know what i'm talking about and I got served 2 weeks ago from guielamo and assoc in Tucson az another collection/law firm.

February 2009 Received NOTHING from this collector until I got an income execution letter from a court case in the City of Syracuse Court. Apparently I got sued and lost. Never got a summons or anything to appear or speak on my behalf. Cannot get any info from Midland Funding's attorney Rubin and Rothman. HORRIBLE people to deal with. They don't treat you as a human your a file number.

January 2009 my daughter had owed $943.00 on a credit card that she ignored for about two years. She had received phone calls to pay off the card and also ignored them. All of a sudden with no notices midland management shows up and takes her car to sell and pay off the debt. They now want 3 times the amount of the loan to get the car back or will sell it. Calling them they will not tell me anything expect how much it will cost to get the car back.

January 2009 I received a letter last year saying I owed them 14,000 and that if I would send in the delinquent 105 my account would be currant. After reading your site I sent a letter of validation certified mail. There was no original creditor listed and no date. I frankly didn't know what they where talking about! The letter was signed for on December 3, 2007 and on December 4,2007 I was served at my home. I was furious! The following Monday I met with an Attorney. She requested validation and they ignored her. They sent interrogatories and wanted things like canceled checks and currant bank info. We answered everything by saying it was being disputed. Nope no bank info for you scum! The attorney requested validation again and lodged a complaint with the AG in Iowa. Still they ignored her. She then requested the info through the court. they still ignored it and then when we pushed it they dropped the case without prejudice so I am suing them and boy am I mad! I still don't know who the original creditor is they sad Citibank, chase bank and Chicago Sun Trust on three different letters but no account #. I called all three places and they have no records of me ever having an account with them! Gotcha MCM See you in court!

December 2008    I recently got a copy of my credit report and I have an entry from Midland Credit Mgmt. I have contacted Midland and asked for verification of the debt but have not received anything from them. I disputed the entry though Transunion and received a letter back stating that this was verified and it will not be removed from my credit report. What is my next step to take. I don't know what to do and I know that this debt is not mine. Thanks,

Midland Credit Management/Encore Receivable Management purchases old debts for pennies. By law, they may ONLY report information on your credit files that is 'accurate.' I have personally seen dozens of letters where Midland sends out a form letter giving the same information they found on the computer screen of the portfolio of the debts they purchased. Midland will claim the debt is valid, based on this charade. It is nothing more than an attempt to extort monies they may not be entitled to. The law states that you have the right to dispute the validity of a debt, that a debt collector MUST cease all collection activity until it is validated. The FTC states that reporting a debt in your credit files is construed as 'collecting a debt.' Midland uses the credit bureaus as tool for collecting debts that they do not have valid documents for, this may be a violation of federal law. Contact their in-house attorney for document if Midland shows up in your credit files.
Robin Ross Pruitt, Attorney    State Bar of CA #147455   8875 Aero Drive Suite 200   San Diego, CA 92123
Phone: (858) 560-2600 ext.#4651     Toll Free: (877) 445-4581   Fax: 800-306-4443

Complaints Against Attorneys: All lawyers who practice in California must live up to ethical standards imposed by the California Supreme Court and the state legislature. As an arm of the California Supreme Court, the State Bar investigates and prosecutes complaints against lawyers. Depending on the seriousness of the offense, a lawyer can be given a warning, put on probation, suspended from practicing law for a period of time, or disbarred - prohibited from practicing law in California. http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10179&id=1144

December 2008 I received a certified letter from Midland Credit Management, threatening to file a Judgment against me regarding an account. The sad thing is that the item, that they are referring to is not even listed on any of my Credit Reports... After the constants call to my home, work and cell phone, I sent them a letter to prove the alleged debt, that they are referring to. I have not received any response from Midland Credit Management.

That may be because the debt is too old to keep on your credit files. Midland Credit has been collecting on some very OLD accounts that date back into the 90's. Wait to see if they respond to your debt validation notice, if they file a lawsuit, get back to me for referral to a local consumer law attorney. Midland may be somewhat desperate in this shrinking market for debts which is why they are collecting on so many old, worthless accounts. That is why we call them vultures and bottom feeders.

December 2008 They sued me in November with local counsel. As a paralegal with 10 years of experience, I at least know how to play THIS game. I responded with an answer, affirmative defenses and a motion to strike portions of their complaint. Their response-a proposed stipulated dismissal. I've asked for a dismissal WITH prejudice and am awaiting their response. The point here, however, is that IF you challenge them to prove their case, they may just roll over and go away. Not only are they bottom feeders-they're cowards as well.

December 2008 Midland Credit Management Inc.-another Midland bunch, now working New Mexico. They filed suit against me in November alleging that I owed them on a Midland account and provided an account number.

December 2008 I am another that fell to there prey the bought a 8 yr old charged off account from providian bank for a $1000 account which was closed and wanted $3200 to settle after being served a court order from my local court trying to collect I turned it over to my attorney which was cleared. buyers beware they are the lowest of the low...but can be beat trust me. I got my letter today dismissing the case JOIN TOGETHER WE CAN BEAT THE RED DEVIL

November 2008 Received my first ever letter from them, it starts right off the bat with payment options, there are 3. It says nothing about my rights to validate this debt within 30 days of receipt, nothing in small printing on the back either. Of course I plan to write anyway to have it validated, but don't they have to state what my rights are? When sending my DV letter, should I mention that they are breaking the law? Would it get me an extra $1000?

November 2008 I am very concerned at what I have read on this site. My husband had a cc from US Bank for $22000.00. He declared bankruptcy in Mar 08. I was an authorized user on the account. At some point they added my name to the account statement but the original card was only issued to my husband and my card wasn't issued till a while later. I have been requesting verification from the bank for 8 months to now find out after a phone call that they sold it to MCM on 10/31/08. I called today to get no information. I called my attorney and he said the same things in this blog, that they have to provide you verification that it is your debt. so I guess I am going to fight it, I just don't have a lot of money and this has ruined my credit. I had great credit before this. I wonder if it is easier to just claim BK. This is the only thing on my report that is bad. I was also told to dispute the listing on my credit report. But I guess I have to wait for them to post it since it is new. This is just so wrong.

November 2008 I've begun getting calls from Midland Credit Management and each time they want me to verify who I am. When I ask for the address in order to write a debt validation letter, they hang up on me or ask why I'm asking for it. You'd think they'd have at least sent me a letter so I could write them back. Aren't they supposed to send you some kind of letter allowing you a chance to dispute whatever they're trying to collect?

The last person that called me said his name was Jason yet he sounded like he was calling from India. As soon as I asked him for the address of his company he hung up. Sounds like these guys are nothing more than scam artists.

November 2008 I did have a debt with Citibank that I defaulted on. MCM bought it in November of 2002. Since then they've made various attempts to collect it. At one point a few years ago I actually made them an offer of $3,000 on a ~$7,500 debt, to settle. The man I spoke to laughed at me. I said fine, hung up the phone, and proceeded to ignore them for the next three years. I thought the SOL was 7 years but I found out today it's actually 5 (since date of last payment), which means that this debt became void in approximately the summer of 2006! CCCS advised me to send a certified letter, so that's what I'll be doing.

November 2008 I don't even KNOW these people. They're looking for someone that's not at this number. Caller ID shows "Unknown Name, Unknown Number" when they call. That's illegal! They also have their number blocked from the call-back feature. I thought these multiple daily calls were more 'renew your car warrant' scams, until I finally answered one.

'Tim,' at extension 5384, kept asking if I was married to this person. I kept telling him "NO" (I haven't been married for years, but I didn't tell him that - none of his business). When I asked why their information doesn't show up on the Caller ID, he said because the calls are auto-dialed. I told him that not displaying their information on Caller ID was illegal and I was reporting them. While he was trying to tell me it wasn't, I hung up on him.

Next thing I know, I'm getting MORE calls from "Unknown Name, Unknown Number."

I've reported them to the FTC and left a message with their corporate attorney at 858-309-6013 I was reporting the company to the FTC and why.

November 2008 I was served a lawsuit by Farrell & Seldin on a Midland Credit Management account. The Midland employee named AMY BERSCHEIT (Aka AMY BULLS@#T) should win an award for her lies. She states so many lies that my attorney is going to issue her a subpoena to testify to the truthfulness of her statements. Bud, you are correct when you say that Midland must be hurting because this lawsuit is so bad it will end up paying me instead of me paying them. The other knuckle heads; FARRELL SELDIN deserve to waste their time and money on this piece of garbage. Both of them need their heads examined for filing this garbage. Please keep telling consumers to challenge these bogus lawsuits, my attorney was laughing while reading through it. We are filing a counter-claim against Midland for being so stupid. Too bad AMY BULLS@#T won't do time for her lies. We expect to get paid by Midland for their stupidity.

October 2008   I recently checked my credit to find an account placed there by Midland Credit that was last used back in the mid 90's. I disputed it twice with the credit bureaus, each time them verified it as accurate. Calls to MCM were handled by untrained and unprofessional employees, this is akin to extortion. Time for America to fight back, I am publishing the names and any information I can find on MCM management starting with...
Brian L. Frary   Corporate Counsel, Litigation     Midland Credit Management, Inc.    8875 Aero Drive, Suite 200
San Diego, CA 92123     (858) 309-6013     (858) 309-6998 [fax]    Brian.Frary@MCMCG.COM

October 2008 Like Bud always reminds us, it doesn't have to be that way! We can all fight back and exercise our rights stop devils like collectors Midland Credit Management aka Midland Finding LLC with its armies of attorneys hiding under (Wolpoff and Abramson) now Mann Bracken, from ruining our lives through greedy tactics. I have never been sued in my life, so when I went to pick up my mail and sign a card not knowing the nature of the letter, I went numb. I did not know where to start or whom to consult. I went to the internet and googled this company and that's when Bud's. I filed an answer immediately and took it to the court informing the judge I would defend myself pro se. Then sent then a validation with more than 26 demands to produce documentary evidence within 30 days.A week later, I requested a jury trial. The trial was postponed. Then I received interrogatories from a Mann Bracken attorney. The content of the interrogatories led me to realize that it was time to sharpen my legal spears and arrows and fight Mann Bracken to the end. I hit them with my own interrogatories together with a motion to dismiss. I continued to file for other motions until I think I clogged up the court docket. Two weeks before trial, the attorney mailed me a letter requesting the court to strike out their interrogatories, another requesting to strike my version of the interrogatories, another requesting the court to strike my counterclaim, all of which were granted. Them I received a letter informing me that the trail has been dismissed without prejudice. I wrote a letter to the court requesting that my counterclaim be considered. These events demonstrate how one can defend himself/herself pro se and win. But you have to be consistent and brave. Remember that if you get a judgment, you are finished and these devils will go after your other accounts. They buy zombie debts at pennies for a dollar but because they too old, they have little information about details about that account. I am now a lawyer for myself after crisscrossing libraries in my state searching for all every information that I could to embarrass Midland Funding and their attorney. You cando it also. Do not let these junk collators ruin your life and credit. Do not ignore those summons. Show up in court. Respond to all of their letters. Read experiences and posts from other victims and come up with your own version and strategies for defense. Seek help whenever you can. When you win or lose, post a comment so that others can avoid or use your strategy. Lets wipe out these junk buyers whose sole aim is to wipe us from the face of the world.

October 2008 I live in the state of Alabama. I am having problems with MCM trying to collect a debt that is time barred and will not validate the debt, yet are still reporting it. I have disputed the item with the credit bureaus, but only one removed the debt after realizing it couldn't be validated.

MCM has a terrible reputation for placing bogus including out of statute debts on credit reports, filing lawsuits and arb claims. Federal law mandates that they MUST validate a debt or cease collection activity, which includes credit bureau reporting. Dispute it with the credit bureaus as "not my account." If they come back verified as 'accurate' you may be able to take legal actions under federal law the Fair Credit Reporting Act (FCRA). Under that law, everything reported on your credit bureau reports MUST be accurate. The law allows the furnisher of that information to be sued in federal court, in many cases the attorney and court fees can be recouped. You can also get the information deleted from your credit reports and the debt forgiven, under many circumstances. There is a powerful group of consumer attorneys who are taking these FCRA cases. The best news is they can live in another state and still represent you because this is a federal case. I recommend you visit: www.myfaircredit.com

September 2008 After receiving a summons to civil court regarding an alleged debt owed, I have done so much research. This site offered a lot of valuable information and with due respect, I used the letter found on this website as a template to send a letter requesting that Midland validate their accusations of debt. I also went to the bank yesterday and saw nothing on my credit report regarding this or ANY related debts. How can I be served a summons for something that does not even exist on my financial records? These people are scam artists and have not only hit me, but my neighbor as well. The bank also new about them and said that they were scamming people by collecting on old debts that had been written off by credit card companies in the past. I am disputing Midland's suit with the courts and I am also sending the letter (thanks again for the research) to the law office that sent me the original debt letter and the paper of suit. Will keep you all posted. This scam has got to stop!! On the KY Court Dockets, in just four counties combined, they are suing over 1000 people. That is absurd. United we stand!!!

September 2008 How desperate are the fools at MCM? Stared receiving calls from India, collector spoke as though he was sucking marbles. Trying to collect on a debt more than ten years old. Went on about how he was "Certified by MCM" on the FDCPA. I think he swallowed a few marbles during the conversation, almost impossible to understand. Why do junk debt collectors like MCM collect on such old debts and why go to India?

MCM, NCO, LVNV and many of the larger bottom feeders are feeling the pain of the economy. Junk debts have risen in price, much like a barrel of crude oil. MCM and NCO are out buying 1990's era portfolio's in a desperate attempt to stay afloat. MCM is being inundated with lawsuits because they place bogus accounts on credit files that are totally fabricated and are being sued over them. They go to India because the pay scale starts at about $3/hr. U.S. with no benefits, many India collectors are desperate to learn American culture and flock to these jobs. MCM is allowing them free access to information on American consumers that will have serious negative impacts once that information is stolen and used by identity thieves across Europe and Asia. Right now we have no control over MCM's reign at freely sending our most personal information to a third world country. Owners J. Brandon Black and Paul Ginsberg are selling us out just to make money, they may face serious consequences for their actions when the lid on this blows.

Wall Street appears to be dissatisfied with many bottom feeders and they are feeling that impact. MCM thinks it has the right to place anything it chooses on a consumer credit report and never respond to validation requests. Consumers are warned that it is illegal for them to report accounts that cannot be validated and they still have the ability to payoff on FCRA lawsuits. I urge anyone being scammed by MCM to contact the consumer law professionals at www.myfaircredit.com. The law allows that you and your attorney may be paid for their greed, stupidity and attempts at extorting monies they are not entitled to. MCM cares only about making money at the expense of the American consumer, they are a disgusting, slimy organization that lies, cheats and puts us at high risk in a foreign country.

September 2008 Bud, I made a settlement payment on a old credit card with Midland Credit Management, San Diego, CA. We came to an agreement and made EFT payment arrangements. I never received a confirmation from them even though they promised one once the funds had cleared. I just purchased my 3 bureau credit report and Midland Credit Management is claiming the original balance owed and has been reporting key derogatory to my credit report in spite of the fact that I paid it in full. I have a copy of the cancelled check for the settlement. What should I do?

You are not the first consumer who was lied to by MCM. This is why I tell everyone to NEVER give them your bank information and get an agreement in writing before sending any money. Be prepared to meet more hostility trying to get this resolved. Start with their house lawyer:

Encore Capital Group, Inc./ dba/Midland Credit Management, Inc. Robin Ross Pruitt, House Attorney, x4651
8875 Aero Drive Suite 200 San Diego, CA 92123 Phone: (858) 560-2600 Toll Free: (877) 445-4581
Fax: 800-306-4443

August 2008 Found these jokers on my CRA. To fight them you have to bring out the kitchen sink, and a few other things from your home. I went through every thing in the trade line. and disputed one by one. I asked them to prove each and everyone. Told the CRA's the same thing. I am still waiting.

August 2008 My mother started recieving letters for me at her house from Midland Credit Management. So I looked up my credit report wich I haven't done in years. Good thing too! MCM had 2 different accounts on all 3 burueaus! Today I wrote this letter :

Re: Midland Credit Management; xxxxxxxxxxxxxxx
To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me 06/2008. Be advised that this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested. This is NOT a request for “verification” or proof of my mailing address, but a request for FULL MEDIA VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that (a) the account is valid, (b) the amount allegedly owed is accurate, and (c) I have a contractual obligation to pay Midland Credit Management for this alleged debt.
All of the following MUST be provided to adequately validate the authenticity of the alleged debt AND provide proof of my contractual obligation to Midland Credit Management for this alleged debt:
• Signed credit application between myself and the original creditor
• Copies of all signed vouchers from the date account was opened until default
• Copies of all statements from the date account opened until default
• Proof of the statute of limitations
• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or
• A copy of the contract Midland Credit Management purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Midland Credit Management and myself, signed by me, stating that I have a contractual responsibility to Midland Credit Management for the alleged debt
• Provide proof that Midland Credit Management is bonded/Licensed for debt collecting in the State of Massachusetts
Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims Midland Credit Management is asserting regarding this alleged debt. If Midland Credit Management can NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from the Midland Credit Management. If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Also, reporting a debt to the credit reporting agencies that can not be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2500 fine to be paid to me. I have two years to decide if I want to pursue this matter. PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.
If your offices are able to provide all of the validating media as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist.

I am also stating, in writing, that no telephone contact be made by your offices. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment, and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by United States Postal Service.

Now I'm not a lawyer but I think I did my homework right.

August 2008 Just wanted to send you another address in which these people work from: P.O. Box 603 Oaks, PA 19456

August 2008 Well, I'm writing back.... We WON! MCM just cant get around that "pesky" statute of limitations (even though the whole lawsuit was a frivolous). Their lawyer probably saw that pending bar complaint and decided to take the lawful ethical approach.

Special thanks to Bud and his staff for keeping this site and the "fight" going. This site gave me all the insight I needed to fight and win this. now, its time for me to be the plaintiff!... to be continued... THANKS AGAIN, BUD!!!!

August 2008 I began receiving letters demanding payment of a Verizon Wireless acct in 12/07. I advised MCM repeatedly that I have never had Verizon service. I disputed this on my credit reports as far back as 2005/2006. The "rep" at MCM said it was valid and I had no choice but pay it. I advised them I am not paying it! I advised them that Verizon refused to give any info on the acct and how it was set up. Apparently it was an Identification Theft issue. MCM said that was too bad, I have to pay it.

I finally received notice of intent to send to AAA. Of course AAA is MCM's arbitrators. I finally got a decent rep at MCM to tell me what they require for an ID Theft situation. They require a ID Theft Affidavit and Police Report, I also included my lease agreements at the time the acct was supposedly opened. I live at the same address as the people that opened this acct just at a different apartment number. They state they still will not pull it back from Arbitration. I advised that under FCRA they have to pull it back. I am in the process of filing a complaint in TN and CA to the BBB and Attorney General for each state. This company is a nightmare to deal with. I cannot imagine really owing them money. Their collectors are the most horrendous and RUDE people I have ever spoken with. This is still an ongoing matter. THEIR arbitrators want me to submit paperwork to them to decide the case and with that submission they want $50. HA HA I am not paying a penny for this acct. But in the Arbitration paperwork, it states MCM cannot knowingly send a fraudulent acct to arbitration. And essentially they have, by not telling me their requirements for a ID Theft issue. This is still an ongoing issue and I am sure it will be for some time.

July 2008 I am right in the middle of a case dealing with MCM. they served me a summons and 28 days to answer. I'm meeting up with my lawyer days to fight them. They will be surprised that I will show up. They are suing me on a 8year old cc debt that was taken care of over 6 years ago. So I am hoping the courts dismiss this case. I have no assets in my name so I'm judgment proof. I will keep you all updated on how this all goes with. We need to take these type of bottom feeders down!!!!

July 2008 Just like another posting, Midland is attempting to collect on a Fingerhut account over eight years in dispute. Basically, ordered items that were never delivered. Ironically, my supposed validation ALSO says 2003 as well, very ironic! We didn't use it after 2000. My suspicion is that the 2003 date may be when they bought it.

Our answer and motion to dismiss was filed and eventually delivered to their attorney (his number and address were incorrect on the complaint). I'm sure the preservation of separate bar complaint in our answer raised an eyebrow. I'll get back to everyone on that.

After litigation, I plan on reporting them to the Arizona Department of Financial Institutions (they regulate collections in Arizona). They have already sanctioned Midland once.

PEOPLE HAVE TO FIGHT THEM, THEY'RE GETTING TOO MANY DEFAULTS! READERS IN ARIZONA THAT HAVE PROBLEMS WITH MIDLAND SUBMIT A COMPLAINT TO AZDFI, THEY SEEM VERY RECEPTIVE.

July 2008 Law Offices of Sprechman & Assoc., PA 2755 Sunny Isles Blvd., Ste. 100, Miami, FL 33160-4007
Apparently working for (grrr) Midland Funding LLC as successor in interest to Maryland National Bank, N.A.

July 2008 This is the 4th letter I have received from the 4th collection agency over the last 2 1/2 years on an account that I don't have. The first collection agency was Michael Dendy out of Texas, 6 months later I received a letter from Hollis price Jr., also out of Texas. In fact, they both had the same return address. hummm! In August of 2007 I started to receive voicemails from Cheryl Basey and Gabe Hoffman from Laurence heckers office. When I called them back I got voicemail that directed me to enter the first three letters of the party to whom I wished to speak. Neither one of these names was recognized by their system. I sent your letter to the address listed, (certified, of course) They sent me a second demand. I sent them a second letter along with a copy of the signature of the person who accepted the letter. I then got a 3rd letter. I sent another letter along with copies of both signatures. (same person, both times) At this point I told them they needed to organize their files. Never herd another word......until today. Now I have Midland Funding (aka MCM) sending me a letter stating they are considering sending my account to an attorney. The return address on the letter is Oak, PA., yet the address they tell you to send correspondence to is San Diego, CA.

July 2008 Bud, I want to thank your web site for posting information about MCM. I wish to share my experience.

I had received a settlement offer for a debt that had been time barred in my state. I knew this and I immediately sent a validation letter. They then proceeded to report this debt on my credit report. Furious, as I believe they committed a FDCPA violation, I sent a second validation letter along with a letter to the bureaus disputing the claim. The bureaus did nothing but verified it and I then got the popular letter asking for help in furnishing the documentation about 30-40 days later. I not only responded that I would give them no such thing and that the onus was on them to provide proof, I sent an intent to sue letter as well. I then proceeded to hire an attorney to file on my behalf.

July 2008 As I was walking my granddaughter out to my daughter's car this evening, after 9:00 PM, a process server handed me a summons from Midland Funding, aka Midland Cerdit Management, aka MCM. The debt is allegedly from Sep 2003. I read the comments on Midland here and have received the identical "You won't want to miss this offer" letter several months ago, when I asked for validation. Of course, now I have been served with a questionable affidavit with more blank spaces than information on it. They are apparently represented in Tennessee by a Nicholas H. Adler, Mann-Bracken, LLC of Nashville, TN with amazingly a 1-877-275-8878 TOLL FREE number. Wow, what great guys! You can call them toll free as they try to BS their way into your finances. Beware. I am informed and represented, and will no longer just stand idly by as these kind of leeches attempt to bully their way around.

July 2008 These people must think I'm some special kinda stupid since they sent me a CREDIT CARD OFFER??!!

yeah they sent a pre-approved credit offer for an EMBLEM MASTER CARD but get this, the debt balance will go on the card, PLUS 330 IN EXTRA FEES.

but they also fail to mention should you accept this offer (YOU WOULD SERIOUSLY HAVE TO HAVE RIDE THE SHORT SHORT BUS TO SCHOOL, AND BE A WINDOW LICKER TOO FOR THAT TO HAPPEN) it would re-activate the time line for the debt collector, starting the whole nightmare over again..

just thought all consumers should be aware of the backhanded and deceitful tactics MCM is using to screw people out of their money.

this really proves that MCM must not have a leg to stand on!!!

July 2008 James W. Kwon , ESQ. aka/Midland Funding 2300 W. Sahara Av. Suite 800 Las Vegas, Nevada 89102

July 2008 We had been disputing a Fingerhut account for approximately eight years. After eight years of harassment, Midland Funding filed a lawsuit on us, even though the account is over eight years old and way out of statute of limitations. They made up a false validation that said the account was closed in 2003, (still out of statute of limitations). Basically, we haven’t used the account since 2000. I sent you an email asking for advice, you sent me to a NACA lawyer in AZ. I just want you and your readers to know we not only beat them in court, they paid us $2700 PLUS our attorney fees. Please tell everyone to keep fighting this scum and thank you for being the best consumer advocate in America we could not have done this without your help.

July 2008 Hey Bud, just an update to my story. I was the one with the wrong SSN being attacked by MCM on my credit report with an acct that's duh! not mine.. BTW-thanks for setting me up with the news paper article about MCM too. I greatly appreciate it.

so here's the update- after much arguing back and forth MCM finally said the acct wasn't mine, and that the would stop all collection activity, wrote my acct as do not call/mail, and that they would not sell (yeah right) the acct. but NO WHERE did they agree to update my credit report with the correct info. I was furious! so, I called robin pruitt.. and spoke my mind. she sent me to A.. and put this one on the records, ANGELIQUE- 1-800-825-8131 XT 5169

she is apparently the cust. relations manager. she did a skip trace on my name and social, and these retards not only merged 2 (yes 2!) accts with my name together, they also pulled my personal info from Experian and merged my credit report with some person I've NEVER heard of.. nice right.

so while they have been harassing me, a person I have never heard of (and who I'm sure doesn't exist) gets off scott free. I don't think so!

ANGELIQUE has said she will be deleting the 2 accts, and sending a letter to the credit bureaus, and a copy to myself to update all info and delete the accts off of all 3 reports. we will see...she said the letter will be there NLT Wednesday. if not, you can GUARANTEE they will be hearing from me again REAL SOON. I even threatened to drive down there and pound on a desk or two. Vegas to san Diego isn't too far. and it would be WELL WORTH the cost in gas :)

June 2008 I just had a run in with Midland. Out of the blue I got a letter from a local attorney about a debt owed to Midland. I had no idea what the debt even was. The letter plainly stated that the debt was defaulted on in 2003. I had only had credit cards and the statute in my state is three years. I sent two certified letters requesting a debt validation. One went to the lawyer and one went to Midland. I haven't heard a peep from either. I checked my credit report and it was a Citibank card defaulted on in 2003 and bought by Midland. It states that the debt has been contested. I thought that if they didn't validate in thirty days a debt had to be removed entirely from your credit report. Perhaps someone has some advice about this?

May 2008 As a former employee I want your readers to know that MCM has no proof on any of these debts they claim are valid. They churn out the paperwork as fast as possible then file arb claims and lawsuits. They rarely respond to validation notices because they have nothing to send. Anyone who is contacted by MCM or finds their name on consumer credit reports should send them a validation notice, then immediately file a lawsuit for that amount in their local courts. Most secretary of states allow service and you can take judgments against the owners who are listed on the Bud Hibbs site. If enough consumers were to take default judgments against the owners they would be forced to stop the lies and phony claims on consumers. Look up on your secretary of state website to see how you can have MCM management sued from your state. They will only continue to lie and scam at the expense of consumers who are vulnerable. MCM is nothing but lies, phony paperwork and executives with big egos who think they can get away with almost anything. Consumers should strike back and make them pay.

May 2008 After filing bankruptcy in 2001 due to a failed business, Midland Credit Management purchased a debt that was discharged in May of 2001 and put it on my credit report with the re-aged date of December of 2007. Not once did I receive a letter from them, so I sent them several certified letters threatening to contact the FTC. The only phone number I could find was to an answering machine where they asked that you leave your social security number. NO WAY. I found this site and called the CEO himself. Of course after speaking with his secretary, she transferred me to (and you might want to add this to the list) ANGELIQUE PURVIS, CONSUMER RELATIONS MANAGER. She asked for the bankruptcy chapter and docket number and said she would take care of it and gave me her phone number. 800-825-8131 X 5169. Without your help, I would have been fighting these people for who knows how long.

May 2008 Great news, TransUnion deleted Midland after I disputed with them (TU). I think this means that they were caught changing dates and other FDCPA errors. Chalk one up for the little girl!

April 2008 I have just received a Summons in Ohio for a old Providian card it went delinquent and we made an agreement with Providian to pay it off years ago and did so. Now out of the blue we get summons to and are expected to answer this summons. I guess we will be looking for old cancelled checks and bank statements and looking for a consumer Lawyer. How do these companies keep getting away with this stuff. I will respond to the complaint and see if they decide to keep going.

April 2008 Try going straight to the top. I sent the CEO a letter and told him that I had sent a complaint to the BBB and was considering legal action. A week later, they sent me a notice that the item would be removed from my credit reports. My so-called 'debt' was an old phone bill from 5 years ago - that was actually paid in full. So I don't know if this will work in all cases, but it's worth a try. Hope this helps someone out there.

March 2008 Today we won in AL small claims against Midland Credit Management, pro se. Their attorney had no documentation or verification of anything, only assertions. Their own bad credit reporting and (purposeful?) attempt to serve me at an old address worked in our favor, as the date of last activity they gave to the attorney didn't match the date they themselves had reported to the credit agencies, which nullified their claim that the action wasn't time-barred, and the supposed address "mix up" with service made their assertion that they mailed me a detailed statement of account highly questionable.

Do your research, show up, and it is possible to win. The attorney flat out stated to the judge that Midland was known fro providing their attorneys with "incomplete documentation".

And for the record, the case wasn't dismissed, a judgment was entered for us, the defendants.

March 2008 I had been contemplating whether I should even go to court because I was nervous and didn't have an attorney. But thanks to your urging, I went on to court on Friday. Midland Funding had brought suit against 8 other people who were on the docket. I was the only one to show up. The other seven got a default judgment and mine was dismissed because no one showed up from Midland! I'm sure I'll be hearing from them again soon but it's a victory for me for now! PLEASE tell your readers NOT to ignore the court summons, they may not all be as lucky as I was, however seven people took judgments they could easily have avoided. You are right about Midland, they are dirty, disgusting people.

March 2008 I recently requested a debt validation from Midland Credit Management. I received a letter from them with a copy of a bill as their validation. I sent them a second validation letter and filed a complaint with their local BBB.

Today I received a letter from them requesting my assistance in reaching a quick resolution to my dispute! Since they did not furnish what I asked for the first time, they are asking me to send them the following:

1. A copy of any documentation that supports my dispute.
2. Cancelled Checks
3. Paid letters
4. Police reports?
5. Any other documentation to support my claim.

Isn’t it their responsibility to validate the debt and not me furnish them any information? This is the information I requested from them. It is my opinion that this is the information that they should be able to come up with if they can validate my request. It appears they cannot validate the debt and are trying to trick me into helping them.

Response: You are correct! They cannot validate the debt, which is typical of the garbage that Midland Credit handles. They purchase old, mostly worthless portfolios that contain very little documentation because they only want to pay Wal Mart prices for them. The fact that it took four months to respond to your initial claim should serve as a notice to anyone that Midland Credit does not have the ability to handle its business properly. Contact their attorney and shareholder, tell her to come up with the documents or delete it from your credit files:
Midland Credit Management, Inc. /Encore Capital Group, Inc.
Robin Ross Pruitt, House Attorney, x4651
8875 Aero Drive Suite 200 San Diego, CA 92123
Phone: (858) 560-2600 Toll Free: (877) 445-4581 Fax: 800-306-4443

Be advised that if they fail to validate a debt, yet place it on your credit files that you may have a legal claim against them. Midland should be sued by a lot more consumers for their apparent lack of competency and their stupidity in not being able to handle validation. They have the money to pay off lawsuits; I suggest you seek legal assistance at www.myfaircredit.com

March 2008 Why does not all of the comments I've read not surprise me? The first time I heard of Midland Funding LLC was through a letter I received from the Mohave County Kingman Justice Court here in Kingman, Arizona. A few days later my brother was at my home and a process server handed him a summons that was intended for me. I did serve an answer on the court within the time allowed by law. Since Midland Funding LLC was an unknown entity to me, my answer to the court was to grant me an extension of forty five days without penalty pending discovery of any and all documentation in this matter. The attorneys for Midland Funding LLC on this same day sent me a letter offering me half off the balance if paid in full by March 15, 2008 or 40% off if paid in two installments. Not ten days later I get a notice from their attorneys that they are moving forward with a default on the account in that I did not answer within the time allowed by law. Their Attorneys are The Jerold Kaplan law office at 330 S. first avenue, Phoenix Arizona. I have a strong hunch that this law office is owned and operated by Midland Credit Management of which I am checking into. I sent them a registered return receipt letter asking them for all documentation proving that I was notified thirty days in advance of any and all legal action, proving transference of ownership of the debt with original signatures and dates, and original debtor, what was purchased, dates of delivery. I fully plan to fast forward this into court. Hope they are ready.

2007 After reading all the comments, I am so upset that I tried to do the right thing. I entered into a "settlement" agreement with Midland. I recently received a notice stating that I was paid in full with a zero balance. a few days later, I received a second notice stating that the payment would be debited from my account again, on the scheduled date. confused, I called my account manager was off for the day, but I spoke to someone who said that the situation was odd, and that I WOULD NOT be charged if the account was settled as agreed. well, today, 11/15, I noticed that there was a hold on my bank account in the amount of $104. which was the scheduled payment amount. I called up and the same gentleman who I spoke with on the 9th first said, "didn't you call once before?" then transferred me to my account manager who then tried claiming that I did owe the money and she didn't know why the letter I received stated there was a zero balance since I still owed a payment. I told her that didn't make any sense and why did ray then tell me when I called that I wouldn't be charged? she said she has no record of me calling other than today. I pulled up my phone record and confirmed the time, date, and length of the call. she, Colleen, then said she would speak to her manager and call me back. I gave her the best number to reach me at and that call was placed at 11:34 am today. I have still not heard back from her. is it legal for them to try and collect on an account that was settled? What's legal got to do with anything? You're dealing with debt collectors.

2007 Midland Funding, LLC, a division of Midland Credit Management Inc. I recently defeated them in a collection action file in court. My investigation revealed Midland Funding, LLC is NOT legally registered within the State of New York and does not have authorization to conduct business therein. In a Motion to Dismiss, I raised the allegation Plaintiff lacked standing to bring suit against me as a non-registered business entity in New York State. I provided the Court with information that indicated that Midland Funding, LLC, is not a registered business entity in New York State, and if correct, Midland Funding, LLC would not have the capacity to sue in New York. The judge agreed, however, he made an Order, that allowed the Plaintiff to provide written proof within thirty (30) days that Midland Funding, LLC, is registered within the State of New York. I knew that Midland could not provide that, because the legal name, Midland Funding, LLC COULD NOT be registered in the state of New York because the name was not available for use. Or course, Midland Funding, LLC was not able to provide such proof and the judge dismissed the case for lack of capacity to sue in New York State pursuant to Business Corporation Law Section 1312

If any readers from New York State should stumble upon this website, I hope you can include this comment and get the word out. Everyone should investigate whether or not an out of state debt collector has the right to even collect or file suit within your home state.

Today I had my day in court against Midland Funding LLC, Blatt, Hasenmiller, Leibsker, and Moore, LLC, and also a local attorney from Lanark Illinois named Edward Mitchell. The case was filed in Carroll County Illinois of which I have not been a resident of for 9 years. I never had any credit cards while I lived in that county, let alone an Emerge MasterCard which Midland said I had a balance owing on. Long story short, I sent certified letters to each of the principals against me in this case, and did not receive on shred of validation of this debt from anyone. I was also successful in getting the entry for Midland Funding deleted from all three of the credit reporting bureaus as they could not validate the debt either. I had all my T's crossed, and my I's dotted as I spoke to the opposing attorney before the trial today. After I outlined my defense to him, he stated that he would ask for a dismissal of the case. Of course that was after he asked me several times and different ways if I had ever had this credit card, or knew of this debt. Naturally, I denied it each time he asked. I found it amusing that the only information that Mr. Mitchell had about this debt was the original summons and affidavit that came from Midland Funding stated and signed by an Amy Berscheit. The notary that signed the affidavit also works for Midland Funding and her name is Judy Ann Richter. There were blank spaces on the affidavit, so I contacted Minnesota's Department of Commerce and they did a little investigating also. Anyway, when we got in front of the judge, Mr. Mitchell held true to his word and asked for a dismissal of the case. I didn't have to say a single word. The judge dismissed it With Prejudice. TAKE THAT MIDLAND FUNDING! If you come up against me again, you better have your ducks in a row!

2007 BE CAREFUL WITH THIS COMPANY!!! THEY OFFERED TO GET ME AN UNSECURED CREDIT CARD TO TRANSFER OVER $12,000 DEBT THEY SAY I OWE. THERE WAS A PARAGRAPH ON THE BACK DEALING WITH THE statute
S OF LIMITATIONS AND BASICALLY HOW THIS CARD WOULD BE A NEW DEBT--IF DEFAULTED ON THE WHOLE CYCLE BEGINS AGAIN!!!

2007 Received a summons yesterday, 10/11/07 from Blatt, Hasenmiller, Leibsker & Moore, LLC in Illinois on behalf of Midland Funding LLC. Never heard of Midland or the law firm of BHLM. Never received a letter saying that I now owe them for a Fleet account that was paid off but was still sold to Frederick J Hanna and Associates two years ago. I was given the opportunity to dispute the debt with Hanna and Associates and they were never able to validate the debt, but they were most nasty and, well I don't speak that way, group of people I have ever came in contact with. Anyway, they threatened and harassed me and other family members and finally gave up since it could not be validated. Now I receive a summons for this same inon validated debt. So, do I contact BHLM and inform them that their client violated the law by not notifying me of this debt they claim I owe and giving me the opportunity to demand validation, or do I just contact Midland Funding and demand validation now, or do I just go to court and let the judge know that they failed to contact me in anyway to inform me they had this and decided to sue me without notice? I need to know they first step that I need in order to get this thing settled once and for all. I have filed a complaint with the FTC and I filed a dispute on my credit report.

2007 I called a different 800 number today that was on Midland's web site I found last night. It was a number that I had not called in the past. It says to call this number to “discuss a dispute regarding your account". I called the 800 number with my mother on three-way with me. (My mother was the owner of a collection agency in Jackson until she retired about 2 years ago. I figured she could help me because she knows the collection laws and has experience in this area.) When asked, I dialed the extension. I didn't even get a hold of a real person. It was automated telling the address and fax number of where to send proof of the dispute. I called back. Some lady with the last name "Mack" answered the phone, and I immediately informed her I was recording our phone conversation. She then told me, "Okay. That's fine. Even though I don't agree with it." Although, while you are waiting to get a hold of someone, the automation says, "You're call may be recorded or monitored for quality control purposes." Anyway, she wanted my account number so I told her that I would give her "the" account number that was on the statement they sent me, but that it was not "my" account number. She looked it up and said she would transfer me to the correct department. (I thought I was at the correct department already!) The number she transferred me to rang at least 15 times. Nobody ever answered.

We contacted Judy at the Collection Service Board in Nashville and told her my dilemma. She sent me a complaint form to fill out and send back in to them. I have to get it notarized and send it out.

I read all the complaints everyone has made here. They are shocking! It just makes me sick to think this place is messing around with people and screwing up their credit and their lives. I told my mother I understand now why people always think that collection agencies are bad. Even the good, reputable collection agencies (like my mother's) most consumers think badly about because of the reputation of all the bad agencies. I guess it's just a case of one bad apple. My question is how do we, as consumers, take action and shut down these non-reputable agencies? They are making life miserable for so many people.

2007 I received a letter in the mail from my bank, who has informed me that Midland Funding has served them with a restraining order against my account for a debt they are collecting for Aspire Visa. Aspire Visa was sued by the Attorney General of New York for unethical business practices (fraud and deception), and in June 2006, settled the case with an assurance of discontinuance. I have in hand the settlement document, dated June 30th and as "Restitution" have agreed to "credit to every New York consumer, who opened an Aspire account and whose account has been closed, the account opening fee and initial annual fee charged to the consumer and not previously credited, and refund ANY RESULTING CREDIT BALANCE."

My account with Aspire Visa was closed, and I refused to pay because they sent offered me a credit card with a $2000 limit and when I received it I had a $300 limit, with $179 owing in fees, for a card that I never used. This was the basis of Elliot Sptizer's lawsuit against them. When my account closed they attached on late fees and penalties and was first reported to me as having a $400 balance. My credit report is reflecting a balance owed of $1040 to Midland. Ironically Wachovia has reported to me that Midland has attached a restraining order for almost $2000 on my account. The subpoena I received in the mail is for the stated amount on my credit report, $1040. I cannot believe these guys but I will start with the NY Attorney General's office.

2007 My last posting was 09/05/2007 ...Since that posting, I've received a letter from MCM stating that "based on the information provided to us, we have instructed the three major credit reporting agencies to delete the above referenced MCM account from your credit file." I'm not convinced that the battle has been won. However, just goes to show that, with a little perseverance and information, we as consumers can fight these bottom feeders!

I wish all of you the best of luck in your future "wars" on MCM!!

2007 I recently I had a full run in with Midland Funding, -- they tried to collect on a old Visa account, I sent a letter asking for validation, they never sent one. I then got a summons to go to court. I answered the summons, requested a jury trial. Which was today sept.13 and like most people stated they didn't show up. They hope that you will ignore the summons so they can get a default judgment. If you be sure and answer the summons on time then request a jury trial and be sure to send a request for validation of the debt, they will never respond. Then show up to court. And they wont. CASED DISMISSED!!!!!

2007 Much to my surprise, I received a "Settlement Opportunity" letter, from Midland Credit Management. The letter states that Midland Funding LLC recently purchased my Citibank USA account and Midland Credit Management (MCM) is the servicor of this account.

As I have a stellar credit score and credit history, I found this letter alarming. I immediately contacted Citibank (whom I currently have a credit card with) and confirmed that 1.) My 6 yr. payment history was flawless and 2.) they had not reported the account to a collection agency.

I then called MCM and received a "Clara" that stated she could not provide any information as MCM had sold this account and I would need to call back in 1 week. "Clara" would neither confirm the phone number I was to call back nor her own phone number! This was an obvious red flag to me.

I waited 8 minutes and called back MCM. I then spoke to Michael Halford who advised me that the account in question dated back to August 1986 and reported as delinquent in November 1991. Ironically, he advised me that he currently has an account which dates back to 1969!!

2007 I am a former employee of Midland and after reading these messages from debtors, I must say I am not the least bit surprise but frankly, embarrassed that I work for a poor company as Midland. It is no wonder, Chris P****, Shawn G*****, Ron E*** and many others are leaving this place. not only do they treat their debtors like pieces of crap by falsely adding on interest, threatening to sue and don't (I worked in the Recovery Department for years, along with working in the Medical Department also a bunch of crap!) We were collecting on older than dirt accounts knowingwe should not have even purchased them! I hope they crumble and get exactly what they have coming.

2007 I sent a debt validation letter, certified/return receipt, to Midland Credit Management on March 29th and on April 18th they sent me a settlement opportunity offer letter for 10% off the current balance. See letter below.

Dear XXX,

You won’t want to miss this settlement opportunity offered to you by Midland Credit Management, Inc., service of the above referenced account.

Recognizing that you may have gone through some financial difficulty and have been unable to satisfy your account we would like to offer you a positive and flexible option to resolve your account for 10% off the Current Balance.

If we receive payment by 0518/2007 in the amount of $XXX, we will consider the account balance paid in full!

CALL NOW! To take advantage of this opportunity, please contact us TOLL-FREE at (800) 282-2644 and any of our Account Mangers will be able to assist you.

MAIL! You may prefer to settle your Current Balance by using the Acceptance Certificate below. Simply detach the form and enclose it with you $XXX payment in the envelope provided. In order to receive payment by 05/18/2007, please mail no later than 05/13/2007.

PLEASE SEE REVERSE SIDE FOR IMPORTANT INFORMATION. Sincerely, A.Syran
Senior Vice President, Operations & Marketing

2007 (Now here's a Consumer that does his homework...)

Here's one right up your alley. Literally. I live in Ohio but it has *definite* Dallas, Texas, connection:

My mother received an unsolicited check from an "MLC Funding" in Las Vegas in February. It was for $6.21. She'd never heard of the company. It had a little yellow sticky note on top of it: "Thanks."

As you well know, I figured a collector wanted her to cash it to obtain her bank account information. (I've preserved the check, envelope, etc. Copies available on request.) (Send them over - we'll publish 'em.)

But it gets better than that.

I've been researching "MLC Funding" through some databases, on the internet, etc. MLC Funding does not exist -- it comes back to a mail drop in Las Vegas. However, the letter was *mailed from* 75043 -- Garland, Texas.

And on that envelope was a mailing permit number. It took some calling around, but the Dallas Post Office gave me the registered address:

Nighthawk Investigations 330 Oaks Trail Suite 104 Garland, TX 75043 972-222-4295

Ok, so a collector has hired a P.I. in Texas to gin up her bank account info. But which one?

Funny. That exact address comes back to "Buena Vida Home & Community Services," which is receiving state funds as an "HCS Provider" in Texas. So which of the two of them is lying to the government? The above address is in the same building as "T.L. Thompson & Assoc.," (they're in Suite 200) a collection agency I don't recognize from my mother's creditors list.

Nighthawk Investigations has at least one other P.O. Box -- and they've listed a different address that the Oaks Trail address, above. Which USPS application did they fill out legally?

Further, the check is drawn on "Guaranty Federal Bank." The only Guaranty Federal Bank I can find at the federal level is not licensed to do business in Nevada -- but it is licensed in Arizona and Texas. However, there it is right there on the check -- with a Nevada area code and phone number. These people aren't a bank. Yet, if you call the number (I called from a different line -- curiously) there is a Michelle (there's a Michelle listed as a junior investigator with Nighthawk or whatnot in Texas DPS records) who claims to be a "branch manager" in voicemail. And she *called me back* (tried to, anyway) the next day. Ha.

There are so many laws being broken by these people I'm not sure I could count them.

I've been a fan of yours for awhile, even though I live in Ohio. But given that this is going on down the street from you I thought I'd bounce it off you. But I'm not done!

Apparently there's been some discussion about this scheme on the internet -- it's been going on *at least* since mid-2006, and it appears to me this is systematic. And in this case, there's obviously a great paper trail. I glanced at the statutes on mail fraud, and this appears (to my non-attorney eyes) to fit the definition. It also appears to meet Justice Department guidelines for prosecution, since the act is clearly intentional *and* systematic.

There's probably thousands of these letters already out, with more going out of the Garland P.O. now.

I'm interested in pursuing this, Bud. I also wanted to let you know about this because I thought it might be of interest to you and your listeners -- don't cash surprise checks for piddling amounts!

budhibbs.com