I’m Being Sued by Midland Funding Over a Chase Bank Account.

“Dear Steve,

I found attached file hanged on my front door. The debt is a credit card I had with Providian, who was absorbed into WaMu, who was absorbed into Chase. May be Chase sold the debt to Midland funding. Please advise me.”

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The Answer

The first step is not to panic.

i read through the suit and of all that I’ve read, this one was very interesting.

Apparently you are being sued by Midland Funding over an old Chase Bank account debt that you owe.

The suit makes the following statement:

“Despite Midland’s efforts to reach consumers and resolve the consumer’s obligations, only a percentage of consumers choose to engage with Midland. Those who do are often offered discounts or payment plans that are intended to suit their needs. Midland would prefer to work with consumers to establish voluntary payment arrangements resulting in the resolution of any underlying obligations. However, the majority of Midland’s consumers ignore calls or letters, and some simply refuse to repay their obligations despite an apparent ability to do so. When this happens, Midland must decide then whether to pursue collection through legal channels, including litigation like the present action against Defendant. Although the account is now in litigation. Plaintiff remains willing to explore a mutually-beneficial solution through voluntary payment arrangements, if possible.” – Source

They have clearly stated they are willing to work out some repayment solution with you over this old Chase Bank account debt.

Your Homework

If you have not called them about the debt and talked to them about payment arrangements then you should. Give them a call, don’t make any promises, but ask what payment options they are proposing. Please the results of the call and follow-up messages to me on this in the comments section below.

Big Hug!

Im Being Sued by Midland Funding Over a Chase Bank Account.
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  • http://www.facebook.com/susan.skelton.33 Susan Skelton

    Steve- NOOO!!!!!! Don’t tell them to call Midland Funding. Tell them to call an attorney. By making a payment plan, you give up some rights, including possible claims for FDCPA violations if Midland Funding cannot prove they lawfully own the debt or if they are charging interest on interest, or a myriad of other things. Midland Funding is a collector and a debt buyer. Sometimes they have bought Zombie Debt- debt that would otherwise be beyond the Statute of Limitations, or debt that they cannot prove. By making payment arrangements, you have agreed that you owe the debt and waive some, if not all, of your rights.

    Normally I agree with your advice, but this time I have to say you spoke too soon. I am an attorney that defends people against Midland Funding on a regular basis in Missouri and I also file bankruptcies for people (full disclosure and all). But I highly recommend people speak with a lawyer before agreeing to pay old debt to collection agencies.

    • http://GetOutOfDebt.org Steve Rhode

      I agree. In this case the consumer was not disputing the debt, the complaint attached the final Chase statement and I only asked them, “If you have not called them about the debt and talked to them about payment arrangements then you should. Give them a call, don’t make any promises, but ask what payment options they are proposing.” Not to agree to anything.

      If there is any doubt this is a valid debt, and now considering they have already been sued, you should always seek legal advice on those issues Susan raised from an attorney licensed in your state.

    • Remo

      Susan, I am looking for an attorney in MO for advice and help. I had an account with Home Depot that was paid in full over the phone. It was held thru Citicard bank… After harassing phone calls and letters I told them time and time again it was paid and have confirmation number. At some point midland funding start calling and sending letters and as you can imagine what happened to my credit rating when it shows a 10,000 plus debt not paid. I was recently sued by midland and when I showed up for court and explained what I just shared with you midlands attorny realized their mistake now they will not return my calls. I have looked into getting credit repaired and have been advices to get an attorney but not sure where to start… Any ideas for me? Thanks so much,

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