Recent Posts in Midland Funding, LLC/Midland Credit Management, Inc. Category

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Debt Defense: Tips & Hacks 1

Our "Debt Defense: Tips & Hacks" series was inspired by our Facebook page that we're delighted to see obtain increased viewership. Our goal is to provide quick, useable, and current ...
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Midland Funding Seeks U.S. Supreme Court Ruling Over Usury Issue

You may remember in Madden v. Midland Funding, LLC, the United States Court of Appeals ruled that Midland Funding, LLC a non-bank debt buyer, was unable to charge the same usurious rates of interest ...
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CFPB Stiffly Penalizes Midland Funding and Portfolio Recovery Associates for Collection Defects

The Consumer Financial Protection Bureau ("CFPB"), the federal government's consumer-protection muscle levied stiff penalties against Encore Capital Group (the parent to Midland Funding, ...
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Midland Funding, LLC Not Permitted to Violate Usury Laws Under National Bank Act

Usury is defined as an illegally high rate of interest. In New York, the civil usury rate is 16% [1] and the criminal usury rate is 25% [2] . Banks get around state usury laws through the National ...
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Midland Funding, LLC Summary Judgment Motion Denied as Inexcusably Late

Facing a "Motion for Summary Judgment" by Midland Funding, LLC ? If so, Midland Funding, LLC is seeking a judgment against you while dispensing the need for a trial. The evidence against you ...
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Cohen & Slamowitz and Midland Funding Improperly Attempt to shift Burden to Judgment Debtor to Establish Exempt Income in Restrained Bank Account

Suddenly your bank accounts are frozen. Your money in that account represents social security income, pension funds, unemployment checks, veteran benefits, worker's compensation, wages within last ...
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Consumer's FDCPA Claim Not Barred by "Entire Controversy" Doctrine and Choice-of-Law Issue

A consumer was sued by Midland in New Jersey state court for an allegedly delinquent debt that had originated in Pennsylvania, where the consumer had once lived. Pennsylvania contract claims are ...
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District Court Strikes Midland Funding's Notice to Admit in Credit Card Lawsuit

In short, District Court, Nassau County [1] ruled that Midland Funding, LLC may not use a Notice to Admit in lieu of laying a proper foundation for admission of documents necessary to establish its ...
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Debt Collector Placing False Information on your Credit Report? Punitive Damages May be Available under the Fair Credit Reporting Act.

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 ...
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The Langel Firm Takes Action Against Cohen & Slamowitz for FDCPA Violations

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 ...
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Cohen & Slamowitz sued for misidentifying creditor and misrepresenting attorney involvement

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 ...
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Eastern District allows case for harassing phone calls to proceed against Midland

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 ...
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This week, The Firm quickly disposes cases by Mel Harris and Pressler & Pressler

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, ...
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Judge Straniere derails Midland Funding's collection lawsuit for improperly using Midland Funding of Delaware, LLC as a "D/B/A"

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, ...
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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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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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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.

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 ...
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The Langel Firm stops wage garnishment and causes dismissal of collection action brought by MRC Receivables Corp. and Cohen & Slamowitz, LLP

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 ...
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When your bank account is frozen, learn what your exemptions are and how to claim them.

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 ...
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Midland Funding, LLC criticised by Minnesota Attorney General

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 ...
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