(THIS IS NOT LEGAL ADVICE. PLEASE READ THE DISCLAIMER BELOW)
Midland Funding does not really exist. Good luck meeting a Midland employee or anyone that has seen one. Midland operates through Midland Credit Management (MCM). MCM operates through law firms in its state attorney network. Mildand talks to the Court through its Midland/MCM Affidavits. So, who is doing the talking or testifying for Midland? It's the Midland or MCM Legal Specialist. The whole case at the complaint stage rests upon this person with little, if any of legal training and no input into the Affidavit the "Legal Specialist" signs under oath.
The Midland Affidavit is the first thing I look at in the Midland complaint. It is their money maker and the thing they say proves you owe them big bucks. See some examples of their Affidavits in the download below. First thing I look for is how the Specialist is being granted authority to talk for Midland? Then, I review an Idaho case Stimpson v. Midland Credit Management, Inc. et al (4:17-cv-00431), Idaho District Court, Filed: 10/16/2017 for a great analysis on the authority of the Affiant and the 803(6) business records exception.
All of the information used by MCM to create the Affidavit comes from the seller of the thousands of defaulted debts the Midland computer purchased and is stored on the AMS (Affidavit Management System). The Affiant's only contact with the Affidavit is when she is handed a stack of them to check and sign. The Specialist's only real task is to go down each paragraph in the document on her desk with the finger of her left hand while clicking a mouse with her right hand to scroll down the AMS information on her monitor. Once she confirms that the sellers information in the AMS is the same as the information in the Affidavit, she signs and dates it. She contributes nothing to the document she swears under oath is true. See the Deposition of a Midland Affiant on the site for a great review of the process.
Even though Midland will have the Burden of Proof in Court, judges give Midland great latitude (because you or your client "probably owes the debt) and because Midland can clear out a big part of the Court's docket if the Midland evidence is accepted with minimal review. I have to do all the heavy lifting, bring good arguments and educate the judge to eliminate the Affidavit.
One thing alone (unless it is robo signing or something similar) is not going to win this case. You need a wall of evidence to defend the debtor because the reality is that Midland just needs to write their bare bones lawsuit and template Affidavit to win over the judge. Here are some ways I attack the Affidavit:
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