Blog Posts in March, 2012

The Langel Firm dismisses $31,578 credit card lawsuit by debt-buyer, First American Investment Company, LLC, for its failure to prove debt's chain of custody.

This case illustrates the importance of scrutinizing your credit card debt chain of title. Generally, courts consider legal custody of the debt to be a threshold issue that must be resolved first ...
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FTC Steps Up Enforcement Against Midland Funding LLC, Asset Acceptance LLC, and other Debt Collectors

The Federal Trade Commission (FTC) has released a report regarding its stepped-up FDCPA enforcement over the past year. The FTC is one of the federal agencies tasked with protecting consumers from ...
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Midland Funding, LLC prevails at wage exemption hearing due to debtor's chronic failure to show up in court

In a Nassau County (New York) District Court, Midland had obtained a default judgment against the consumer, and attempted to collect on it by freezing the consumer's Sovereign's Bank account. ...
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W. Va. Attorney General Sues Midland Funding, LLC and Midland Credit Management for Fraudulent Practices

West Virginia Attorney General Darrell McGraw announced on March 8, 2012 that his office had sued Midland Funding, LLC and Midland Credit Management (collectively "Midland") for their ...
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No private right to sue banks under Exempt Income Protection Act

The US District Court for the Southern District has concluded that CPLR Article 52, as amended by the New York Exempt Income Protection Act (EIPA) does not allow for a private right of action by a ...
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Cavalry Portfolio Services, LLC submits shoddy assignment documentation and loses motion to dismiss FDCPA suit alleging lack of standing

Although The Langel Firm is a New York-based law firm, we report on collection misconduct cases all over the country because the Fair Debt Collection Practices Act ("FDCPA") is a federal law ...
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Case brought Against consumer by Midland Funding, LLC legally deficient

In a new case from Richmond County (NY) Civil Court, Midland Funding, LLC v Loreto, 2012 NY Slip Op 50338(U) [Civil Court, Richmond County, 2012], debt buyer Midland and its counsel Pressler & ...
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Debt collector sends you a demand letter. You demand proof within 30 days. Without proof given, you are sued. Problem?

Yes. And it happens all the time. But federal law (Fair Debt Collection Practices Act or "FDCPA") gives consumers the right to demand, in writing, "verification" of a debt within ...
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