Recent Posts in Midland Funding, LLC/Midland Credit Management, Inc. Category
Posted on Mar 27, 2013 By Melissa Flores, Esq.
In a decision issued on March 22, 2013 by Judge Michael A. Ciaffa in the First District Court of Nassau County, the Court held that where a debt buyer brings litigation to collect on an unpaid debt, ...
Continue reading "The Langel Firm Secures Another Victory for Consumers Under the GBL - Judge Declares Baseless Debt Buyer Litigation Activity by Midland Funding Can Be Deceptive Act and/or Practice" »
Posted on Dec 30, 2012 By Jesse Langel, Esq.
We know that a debt collector's communication of false information to the credit bureaus is a violation of the Fair Debt Collection Practices Act § 1692e(8). But your monetary recovery is ...
Continue reading "Debt Collector Placing False Information on your Credit Report? Punitive Damages May be Available under the Fair Credit Reporting Act." »
Posted on Nov 12, 2012 By Jesse Langel, Esq.
The factual allegations of this case [1] include demanding conflicting debt amounts, inconsistent interest accrual amounts, deceptive representations as to a "settlement," and the improper ...
Continue reading "The Langel Firm Takes Action Against Cohen & Slamowitz for FDCPA Violations" »
Posted on Aug 31, 2012 By Langel Law Firm
In this case, [1] Midland Funding, LLC and its affiliate companies, were sued under the Fair Debt Collection Practices Act ("FDCPA") for sending a consumer "pre-legal" ...
Continue reading "Debt Buyer, Midland Funding, After Being Sued for Attempting to Collect Inflated Amounts, is Unable to Prove its Right to Enforce Citibank's Arbitration Clause" »
Posted on Aug 6, 2012 By Jesse Langel
Today we report on an interesting 2011 case from the Southern District of New York against Cohen & Slamowitz and various Midland entities which was before the court on a motion to dismiss. This ...
Continue reading "Cohen & Slamowitz sued for misidentifying creditor and misrepresenting attorney involvement" »
Posted on Jul 20, 2012 By Langel Law Firm
In this case, [1] an individual, Robert Doyle, brought suit against Midland Credit Management after enduring between 22 and 28 automated telephone calls to his cell phone during the fall of 2011. And ...
Continue reading "Eastern District allows case for harassing phone calls to proceed against Midland" »
Posted on Jun 28, 2012 By Sheril Stanford
In a decision dated June 19, 2012, the United States District Court for the Western District of New York granted consumer plaintiff, Michael Hallmark, leave to amend a complaint he had filed in ...
Continue reading "Federal court grants consumer's request to amend complaint against Cohen & Slamowitz and Midland Funding; allows additional claim and opportunity to convert case to class action" »
Posted on Apr 29, 2012 By Jesse Langel, Esq.
The first case, brought by Mel S. Harris & Associates on behalf of LR Credit 10, LLC enabled us to quickly move to overturn a judgment based on the fact that our client never lived in New York, ...
Continue reading "This week, The Firm quickly disposes cases by Mel Harris and Pressler & Pressler" »
Posted on Apr 4, 2012 By Sheril Stanford
In a September 2011 case from Richmond County, Judge Philip S. Straniere took issue with plaintiff Midland Funding, LLC over its use in New York of the assumed name "Midland Funding of Delaware, ...
Continue reading "Judge Straniere derails Midland Funding's collection lawsuit for improperly using Midland Funding of Delaware, LLC as a "D/B/A"" »
Posted on Mar 21, 2012 By Sheril Stanford
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 ...
Continue reading "FTC Steps Up Enforcement Against Midland Funding LLC, Asset Acceptance LLC, and other Debt Collectors" »
Posted on Mar 9, 2012 By Sheril Stanford
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. ...
Continue reading "Midland Funding, LLC prevails at wage exemption hearing due to debtor's chronic failure to show up in court" »
Posted on Mar 9, 2012 By Sheril Stanford
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 ...
Continue reading "W. Va. Attorney General Sues Midland Funding, LLC and Midland Credit Management for Fraudulent Practices" »
Posted on Mar 6, 2012 By Sheril Stanford
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 & ...
Continue reading "Case brought Against consumer by Midland Funding, LLC legally deficient" »
Posted on Feb 25, 2012 By Jesse Langel, Esq.
The lessons of this case: In opposition to your lawful claim of exemption to a bank seizure, a judgment creditor must: Serve you with its opposition papers at the current address listed on your claim ...
Continue reading "Midland Funding, LLC and Pressler & Pressler, LLP ignored procedure to oppose debtor's claim of exempt money in his frozen bank account; Bank account restraint vacated." »
Posted on Jan 11, 2012 By Jesse Langel, Esq.
As is demonstrated over and over again, a creditor's money/default judgment is as good as the validity of service (delivery to defendant-debtor) of the underlying court papers (summons and ...
Continue reading "The Langel Firm stops wage garnishment and causes dismissal of collection action brought by MRC Receivables Corp. and Cohen & Slamowitz, LLP" »
Posted on Dec 24, 2011 By Jesse Langel, Esq.
The lessons in this case are 1) be aware that some sources of money are ALWAYS exempt from the reach of creditor judgments; and 2) quickly claim your exemptions with supporting documentation. The ...
Continue reading "Midland Funding, LLC was granted hearing to contest debtor's wage exemption claim. Debtor did not send supporting proof showing pay stubs were deposited into frozen checking account." »
Posted on Jun 17, 2011 By Jesse Langel
Lori Swanson, activist Minnesota State Attorney General and staunch supporter of consumer rights, has contributed an article to Minnesota newspaper The Journal. Titled "Debt buying industry has ...
Continue reading "Midland Funding, LLC criticised by Minnesota Attorney General" »
Posted on Apr 25, 2011 By Jesse Langel
The three related entities Encore Capital, Midland Funding and Midland Capital Management are about to be sued again, this time by the Attorney General of the State of Minnesota, Lori Swanson. Midland ...
Continue reading "Midland Funding, LLC/Midland Credit Management sued by Attorney General in Minnesota" »