Q: Midland funding is taking us to court
I know that they are not the original debt holder but my wife paid them 100 and then stop I told midland funding to prove thats her debt what are there chances of proving thats her debt and does that payment confirm her debt
A: Certainly an argument can be made that by making the payment she ratified the debt.
A: The fact that she made a payment on the debt will definitely be used against her. The other problem the payment likely caused, was that it may have restarted the statute of limitations. In our experience, debt buyers, such as Midland Funding, often do not have the documents or witnesses they need to prove you owe the debt. I recommend that consumers being sued by debt buyers such as Midland consult an attorney who specializes in consumer law to see if they have any defenses. Many consumer attorneys will defend collection cases for a small fee, and debt buyers will often dismiss the case, rather than spending money litigating against an attorney. A good consumer attorney can also review all of the facts and see if you have any claims against Midland, its attorneys, or any collection agencies that are involved, for violation of the Fair Debt Collection Practices Act.
A: Excellent advice by Ms. Goodwin. Whenever you get sued on one of these cases contact a consumer lawyer ASAP. I practice in credit card collection defense and Ms. Goodwin is well-known as an excellent lawyer in this field.
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