What is the statute of limitations for a lawsuit by Midland funding LLC?

Asked over 1 year ago - Sugar Grove, IL

I received a piece of advertising from a law firm that says that Midland funding is suing me & includes a case number. I never received anything from Midland funding. I think I may know what this is about, thanks to the information you provided. First of all, what is the statute of limitations & 2nd, I was never notified from Midland funding. Is there anything I need to do?

Attorney answers (4)

  1. Tara Leigh Goodwin

    Contributor Level 16

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    Answered . The statute of limitations depends on what type of debt was involved. Midland is a debt buyer that often does not have the evidence it needs to win its case, so it is hoping to get a default judgment if you don't show up in court. Our law firm has also sued them many times for violating the Fair Debt Collection Practices Act. You should check with the court's online or actual records to make sure they are not claiming you were served. If the court file shows no service, you don't have to do anything until they actually serve you. You might want to consider consulting an attorney who specializes in consumer law about your situation. Debt buyers such as Midland often dismiss their cases when an attorney shows up to challenge them.

    The above response is not intended to create, nor does it create either an attorney-client relationship or an... more
  2. Judy A. Goldstein

    Contributor Level 20

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    Answered . Until you have been served a Summons and Complaint, the only thing you might wish to do is get a copy of the court file and bring it to a good collection attorney. Right now you do not officially have notice of any proceedings.

  3. Marc Gregory Wagman

    Contributor Level 17

    Answered . The statute of limitations on a number of factors. What kind of debt it is 1) a credit card contract or 2) an open ended credit agreement or 3) some other type of debt. The statute of limitations is different for each. It also runs from the time you defaulted on the agreement. I would think that if you are receiving advertisements from attorneys with a case number on it that a lawsuit has been filed but you have not been served with it yet. You will get notice in the near future. Depending on the amount of the debt it may make sense to file bankruptcy, or you can settle, and/or defend the suit. The statute of limitations has a number of exceptions. If the case is in Cook County you can look up your name or the case number as it is online.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The... more
  4. Robert Thomas Kuehl

    Pro

    Contributor Level 13

    Answered . If and when you are properly served (or if there has been or is bad service), get involved in the proceeding (or hire an attorney to do so on your behalf). Debt buyers like Midland Funding get many of their judgments by default, meaning that defendants fail to get involved in the case.

    Can Midland Funding prove it owns the alleged debt?

    Assuming this is a consumer debt, did you timely request verification in writing under the Fair Debt Collection Practices Act and, if so, was there any response?

    Has the plaintiff complied with the licensing requirements under the Illinois Collection Agency Act?

    Did they attach any assignments to the complaint?

    Are you disputing the debt?

    You may have defenses. For example, if this is a credit card case (which I assume it is), the statute of limitations is 5 years, from the date of last activity. So, if the plaintiff has filed suit outside of that period, the suit is time-barred, but you would need to raise that as an affirmative defense in a timely fashion in the course of litigation (unless it’s a small claim ($10,000 or less, exclusive of interest and costs) in which you timely file your written appearance and the court does not order you to file an answer, in which case the allegations set forth in the complaint are deemed denied and you would be free to prove any defense as if specifically plead).

    At some point you may want to see if you can settle the matter (lump sum or payment plan), offering documents including a personal financial statement if you’re okay with that to help the plaintiff’s attorney convince his or her client to take whatever offer you care to make.

    Good luck!

    Robert T. Kuehl
    Kuehl Law, P.C.
    Chicago, Illinois
    312-840-8270
    Email: bob@kuehllawpc.com
    Website: www.kuehllawpc.com

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