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To beat them, all you need to do is show up. Specifically, many debt collectors (Midland Funding LLC included) that file lawsuits against consumers are not actually prepared to prove their debt collection case in court.
Don't admit liability for the debt; force the creditor to prove the debt and your responsibility for it. File the Answer with the Clerk of Court. Ask for a stamped copy of the Answer from the Clerk of Court. Send the stamped copy certified mail to the plaintiff.
If you lose your case The creditor has to follow a second step to collect the money you owe. The creditor may have asked for an execution at the end of your case. If they get an execution from the judge, they can levy on the execution. This means it is legal for them to take your property.
You must reply to each paragraph/allegation in the complaint by admitting it, denying it, or denying it because you don't have enough knowledge or information to be able to admit it. You only have 20 days from the day you were served with the Summons and complaint to file and serve your Answer.
Here's some basic information you should write down anytime you speak with a debt collector: date and time of the phone call, the name of the collector you spoke to, name and address of collection agency, the amount you allegedly owe, the name of the original creditor, and everything discussed in the phone call.
Never Give Them Your Personal Information. A call from a debt collection agency will include a series of questions. Never Admit That The Debt Is Yours. Even if the debt is yours, don't admit that to the debt collector. Never Provide Bank Account Information.
Verify the timeline of events. Respond. Challenge the lawsuit. Decide whether to accept the judgment. Act impulsively. Ignore the debt collection lawsuit. Accept liability. Give access to your bank accounts.
Respond to the Lawsuit or Debt Claim. Challenge the Company's Legal Right to Sue. Push Back on Burden of Proof. Point to the Statute of Limitations. Hire Your Own Attorney. File a Countersuit if the Creditor Overstepped Regulations. File a Petition of Bankruptcy.