Midland Funding LLC is one of the nation’s biggest buyers of defaulted and charged off debt. The reality is that it is just a name of a computer debt purchaser. It has no brick and mortar building, product or employees. It is just a computer buying up old debt for pennies on the dollar and litigating through its arms and legs, Midland Credit Management (MCM). MCM operates through a network of attorneys in your state to sue you in Midland's computer's name.
I have represented consumers for twenty five years and I analyze every case the same way: What is the proof they have against my client? With Midland, the first contact of the client is with a lawsuit and an Affidavit. The lawsuit is always void of any proof that my client owes the debt. My goal here is to provide consumers, attorneys and anyone else feeling outmatched by the Midland Machine, a one stop source of for everything I use to combat Midland and their attorneys. This site is a product of everything I know on how to Stop Midland. There is information I use against other law firms, collectors or non-Midland entities. I have also thrown in a lot of advice for attorneys to use in their profession. Some of the ideas may seem crazy and too far out of the box-but hey, it's free!
What you will learn quickly in your case against Midland is that the Judge may be against you too. It is my opinion that the judges, who see the Midland attorneys every day, make the person "who owes the debt" work harder than Midland who is supposed to have the real burden of proof. That's a big hill to climb.
When a judge is fair minded on these cases, it really sticks out for its uniqueness and that bothers me. I have tried the same case in two different courts and obtained opposite results because of the information the judge allowed in. That information is usually coming in through the 803(6) business records exception rule but also, the Judge's perception of my client not paying his debt. In the case I lost, the judge filtered my evidence or objections to Midland's proof and I had to work very hard on the smallest things. In the case I won, the Judge left both sides alone to do their job. You learn early on in a case that the judge will have favorites or at least, a familiarity with one side that is useful to that litigant. You will have to face up to that reality and use your brain. If you work hard enough and don't give up, you beat Midland and the judge too.
My goal is to put the "Burden of Proof " back on Midland's shoulders and create an even playing field for both parties. I hope this site helps to achieve that goal if you share it too. If your goal is just to seek justice and fairness in your case alone, Mr. Michael Bassett's personal story and victories below will serve you well. If I need to do a better job or add things to the site, please feel free to share your advice. Good luck.
(REMEMBER, NONE OF THIS IS LEGAL ADVICE. THIS IS HOW I DO THINGS IN MY CASES)
Below will be downloads of three different Midland complaints with notes i write on the document to start my outline of a response. Currently, the lawsuit Midland's own attorneys (old Asset Acceptance law firm) use is a mess with a purpose. The first five or so paragraphs is self serving bs that has nothing to do with the case against the debtor. Their pleadings violate Michigan's MCR 2.111 and probably other state equivalents. Towards the end, they make their case in much more direct paragraphs and refer to their phony affidavit attached. Interestingly, at the end of their lawsuit they have a Mini Miranda statement saying they are debt collectors and anything you say will be used against you. Practice Tip: As this is usually the first contact Midland has with my client, I believe that Mini Miranda opens their lawsuit up to being a form of collection communication. I have my client write and send a validation letter and see how they react. Under my aggressive interpretation of the law, they open themselves up to this by adding that statement. Under the FDCPA (15 USC 1692g(a) and (b)), any collection should stop until they validate the debt. I keep an eye of the 21 day clock to Answer the lawsuit. But, they have to validate and maybe you get lucky and they stop suing until they do-which they can not.
You can see how I Answer and Counter-Claim against their lawsuits on the site. You will see my notes. I establish a theme right away. That is an outline of my opening statement to respond to any summary motion they eventually file and will be used at trial as my theme of the case. I attach the Bassett Opinions for the Bassett Rule. Counter-Claims allows me have some control over when the case gets settled and for how much. See the very latest counterclaim I am filing now in the Answer Section of the site. I focus on the Bassett Rule. Tip: The Bassett Opinion is very powerful right now and I attach it to everything and also verbally educate the Judge. See the typical Summary Motion from Midland and my notes. Usually weak but they don't have to do much heavy lifting in a lot of courts. I have thrown in a response that uses the Bassett Rule and an Affidavit in response to their affidavit. You can see that Mr. Bassett is more qualified to have an opinion about Midland than most Midland attorneys. Hell, he beat them twice. He will make a very good witness against the dark side. Again, if you are having any doubts about your abilities, read his personal story on this site.
Stillman Lawsuit for Midland (pdf)Download
Midland Funding's Law Firm Complaint (Asset Acceptance) (pdf)Download
Mary Jane Elliott Midland Funding Complaint (pdf)Download
How I Counter-Claim against Midland under the Bassett Rule (pdf)Download
Defendant's Discovery I use against Midland (pdf)Download
Answer and Affirmative Defenses to Midland Complaint (pdf)Download
Pre-Trial Questionnaire (pdf)Download
Motion to Compel Discovery or Strike Documents based on Bassett (pdf)Download
I have put together as many Opinions, CFPB Stipulations and State Orders against Midland as I can for you at the Free Resources Section. These are Opinions that focus on Midland's Affidavits and their failure to provide proper 803(6) qualifications. There are also Opinions on Assignments you can use too. Here, Mr. Bassett's personal story of his four year journey and the resulting Opinions defining the Bassett Rule are attached below. Mr. Bassett has changed collection law in Michigan and is a jumping off point for other states to use too.
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Use or review of the information on this website does not create any Attorney/Client Relationship and we offer only information, not advice. Accessing this page, and any interior pages, is a request for information. The information contained on this web site is based on my 25 years practicing law in Michigan and Florida and is for educational purposes only. Nothing on any of the pages of this website, or on any pages linked to these pages, shall be construed as an agreement to represent the user or reader and is not legal advice, nor shall anything on these pages by itself operate to create an attorney/client relationship. The words, "Practice Tip" are for my use only and how I practice. An attorney/client relationship cannot be created before the firm has accepted the representation and confirmed the representation in writing.
Disclaimer: The Tips, Forms, Briefs, Opinions, ideas and support for cases in general and within this web site are for educational purposes only. Use of the words "you" or "your" are not to be construed as directing you to action by me. I always mean "I" as in "This is what I would do" and never mean, no matter what context "This is what you should do." For specific legal advice that applies to your individual situation, you must be more than a viewer or user of this website to be a client of our law firm. I wish you the best and hope my ideas and experience generate your own.