DebtConsolidationCare [A+ on BBB] Logo
DebtConsolidationCare Forums
Discuss your problems and get out of debt
Get honest and blunt feedback on your debt issues from Experts for FREE
For Free Debt Counseling: Call 800-DEBT-913 or

Midland Funding LLC - “ How do you deal with this collection agency"?


Midland Funding LLC is a collection agency (CA) with a lot of consumer complaints. Read through the topics given below to learn how you can deal with Midland Funding LLC collections if they contact you regarding an outstanding debt.


What steps should you take if the CA contacts you about an old debt?

You should take the following steps in dealing with Midland Funding LLC:

  • Ask for validation: If the agency comes after you for an old debt you think you do not owe, you should send them a validation letter. If they cannot validate the account, they have no right to collect money from you.
  • Check the SOL: Check your state law and find out if the Statute of Limitations (SOL) has expired on the account they're trying to collect on. If the SOL has expired, the agency cannot sue you to collect on the debt.
  • Send Cease and Desist letter: If the collection agency fails to validate the account, the SOL has expired, or if you want to deal directly with the original creditor, you should send the CA a Cease and Desist letter asking them to stop contacting you. If they don't, they will be in breach of the FDCPA and probably your state's consumer protection laws as well. You should also file a complaint against Midland Funding LLC with your State's Attorney General and the FTC.

What are the common Midland Funding LLC complaints?

Consumers who've already dealt with this collection agency have shared their complaints with the DebtCC community. Some of those complaints are:

  • Placing a levy on bank accounts: Many consumers have complained that the collection agency often places a levy on their bank accounts without informing them. Learn more
  • Making harassing calls: One customer complained that the CA sued him for a Verizon account, even though he claimed that everything had been settled with the phone company. He also stated that Midland Funding was harassing him continually for the debt and that one of the collectors shouted so much at him during one call that he had to disconnect the line. Check out the details
  • Garnishment: A consumer says the company illegally garnished his Social Security disability check. He was never served with a summons and a complaint to appear in court before it was garnished. Check this post

If you want to contact Midland Funding LLC, use the following information:

Midland Funding LLC address:

227, W Trade St Ste 1610,
Charlotte, NC 28202-1676


Midland Funding LLC phone number: (704) 837-0421

member profile picture

Posts: 1723
Credits: 27744.45
[Donate]

I'm asking this question for my Cousin who lives in Iowa.

Is there anyway to stop a wage garnishment without filing for bankruptcy. My cousing received a phone call from midland funding llc debt collector on Friday saying they were going to proceed with the garnishment, but if she was able to make arrangements please give them a call. Well she was going to call them the folloing Monday and when she got her check that Monday 200 was gone for the garnishment. She knew they were trying to sue her but things kept getting held up because the Midland Company didn't have their stuff together. They also kept telling my cousin to call, but they would never return her calls. Why would they call her on Friday telling her to call for arrangements knowing they were already getting some of her money. She wants to pay them, but she can't afford to have her wages garnished. Is there anyway to prove that this is causing financial hardship. She has two young kids to take care of and she she is already two months behind on her car payment. When she gets paid again, the next 200 will make her short on rent. I heard somewhere that a "CLAIM OF EXEMPTION" can be filed. Does anybody know anything about that and how it works. Any thoughts or suggestions would be helpful.




Teleport
Posts: 1388
Credits: 40189.2

Sub: #1 First of all, a garnishment is something the courts can only ord
Tue, 10/24/2006 - 07:53

First of all, a garnishment is something the courts can only order. Did she miss a court date?

If you are talking about wage assignments, then those are totally voluntary, and she can revoke that at any time. For those even to be considered legal in court, they have to be signed by both parties in person. Not faxed back and fourth to each other.

Who is garnishing her wages? How much is owed?

She should type up a letter immediately if this is an assignment and send it out to them revoking their rights. She should also consult with her payroll, explaining that she is revoking their rights on the assignment. Does she work for a union? Usually payroll will contact you immediately once when something like that comes through unless you work for a union.

Let us know if there is any addtional information we can help out with.

Regards
Mike




PinkLady

Posts: 1723
Credits: 27744.45

Sub: #2 Midland Funding LLC
Tue, 10/24/2006 - 08:12

It's actually a wage garnishment, she was served the papers in June. When the court date came in July, midland funding llc collections didn't have the proper evidence so the judge gave them 30 days to come up with it. She said the only thing she heard after that was this call from midland funding llc phone number. the Friday before she noticed her check was garnished on Monday. She said she didn't even get a notice form her employer. She works for a nursing home, no union involved. I'm not familar with garnishments, so is this something her payroll should have informed her about. Is it not required for any type of notice to go out to the individual letting them know their wages are officaly getting garnished, no dates or amounts...I guess people just get surprised when they get their checks. Not to mention her account was already overdrawn so she was already screwed. I just don't want her to start up on the payday loan thing, because she has mentioned that already and that's just going to make things worse.




Teleport
Posts: 1388
Credits: 40189.2

Sub: #3 Was her first court date only 5 minutes? Was she allowed to pre
Tue, 10/24/2006 - 09:57

Was her first court date only 5 minutes? Was she allowed to present her side? There should have been another summons for her to appear if the judge granted the lendor an additional 30 days to come up paper work.

Maybe she should contact a lawyer regarding this matter. If her employer received documentation to start withholding, then a talk won't help much. I work with payroll, and when employees find out about it for the first time, I tell them they need to contact the courts, because they should have been notified.

Regards
Mike




Unregistered

Sub: #4 what do i owe midland funding for?
Mon, 11/06/2006 - 14:36

what do i owe Midland Funding for? i received a bill for 464.41...what is this for? Does anyone have midland funding llc contact information?[FONT=&quot][/FONT]




sday1111
Posts: 16
Credits: 484

Sub: #5 First off does your cousin have any idea what she owes? Secondl
Tue, 11/07/2006 - 17:35

First off does your cousin have any idea what she owes? Secondly her employer has to inform of her wage garnishments before setting up payments. Also most states have a percentage law on how much can actually come out of the check for garnishments.

This happened to me with a dental bill that was a mess. My employer took the lowest % possible for the garnishment.




finsfan13

Posts: 6933
Credits: 65210.65

Sub: #6 garnishments are federally mandated. For a consumer debt like th
Tue, 11/07/2006 - 17:38

garnishments are federally mandated. For a consumer debt like this, the garnishment will equal 25% of disposable wages, which is after taxes and any voluntary deductions such as 401k, profit sharing, or insurance. This doesn't vary state to state.




sday1111
Posts: 16
Credits: 484

Sub: #7 Well according to laws here (and state laws supersede federal of
Tue, 11/07/2006 - 18:04

Well according to laws here (and state laws supersede federal often times)I had the choice of what percentage to pay out of my wages on the debt not what I made.




finsfan13

Posts: 6933
Credits: 65210.65

Sub: #8 Then this was the creditor's decision. I work in Hr/payroll, and
Tue, 11/07/2006 - 18:12

Then this was the creditor's decision. I work in Hr/payroll, and trust me, you WILL be garnished 25%, period, unless the creditor decides otherwise. You got lucky...I think in my 6 years I have only seen a writ for a consumer debt at less than 25% maybe once. A state law will not supercede this..There are NO state laws on court ordered writs..They are mandated by the federal government. Trust me.




finsfan13

Posts: 6933
Credits: 65210.65

Sub: #9 Also, another reason you may've been garnished less than 25%..If
Tue, 11/07/2006 - 18:25

Also, another reason you may've been garnished less than 25%..If your income is less than 30x the minimum wage they'll adjust the amount..Usually down to 15%, I believe...Also, if you are a single parent or provide more than 50% of your household income and have a dependant..child or parent..A few states will adjust the percentage, I think between 10% and 20%, if I remember correctly from training..Florida is one state that does this. This was decided by a supreme court ruling in the 80s.




jtwka
Posts: 1
Credits: 54

Sub: #10 Wage Garnishments
Tue, 08/14/2007 - 17:51

Can you tell me what the maximum wage garnishment is in the state of Missouri? I had a gambling problem that is now under control, I am in counciling and believe I have it whipped. But, before I got to this point I ignored some credit card companies and now am facing the punishment. The total is under $3000, but, by the time they get their fees tacked on it is more like 7k. They are already hitting me for 15%. I am single with no children and make $48,000 per year. Thank you.




Add new comment

Attachment
More information
  • Files must be less than 2 MB.
  • Allowed file types: txt pdf jpg jpeg png.
CAPTCHA
This question (Case Insensitive) is for testing whether you are a human visitor and to prevent automated spam submissions.
Image CAPTCHA

Share post
-->

Page loaded in 1.396 seconds.