Weltman, Weinberg and Reis out of Troy, MI. My account was sent to them from Midland Funding LLC. I asked Midland numerous times to send me validation of this debt, transaction details, proof of my signature with zero response. It is for $977.00. The credit limit was $1,000. But now with late fees and interest added it is $1302.00. How aggressive do you think they will get and what can I do to protect myself? Thank you for any input
I would anticipate they will eventually file a lawsuit against you. At that time, you can file an answer and request for documents, such as the contract with signature, transaction details, statements, etc. If this is not your debt, you can then effectively dispute it. On the other hand, if they do have the information, you can probably negotiate either a lump sum settlement or installment payments. Good luck.
If it has been turned over to a collection firm they will almost certainly file a lawsuit to collect. If you are able to pay a good sized piece of it you can often settle, but if you don't they will most likely take you to court on it.
Attorneys representing debt collection firms are know to be relentless and you can expect that they will pursue every available remedy at law to collect this debt. You should consult with either a debt consolidation agency or an experienced bankruptcy attorney to see if you are eligible and qualify for bankruptcy relief.
The foregoing answer is for informational and educational purposes, not for purposes of legal representation. This answer is based on New Jersey law and is necessarily general in nature.. Laws in other states may be different, and each situation is different, so this answer might not apply accurately to you. No attorney client relationship is to be implied from this answer. Always seek independent legal advice
Depends on whether they think they can collect from you.
It also depends on why your account was in default.
It finally depends on what kind of payment arrangement they have with the law firm. In some states they don't bother if its not over so many dollars, and in other states they are downright aggressive. Aggressiveness may also depend on the collection laws and exemption schemes available to creditors and debtors alike. Some states are downright generous with exemptions, and others are stingy. Likewise some states are debtor-friendly up to judgment, and creditor friendly after judgment.
Click on "Find a Lawyer" above and locate a debt collection defense lawyer in your area to consult with. Many of these type cases are subject to a statute of limitations defense, or some other defense which lay people are not aware of but debt collection defense lawyers are fully aware of.
This is a public forum. Any questions or answers published here should not be construed as the giving or receiving of legal advice or the formation of any attorney-client relationship. You should consult with a competent attorney in the jurisdiction where your legal issues are pending and get good, solid legal advice. This being a public forum, those answers you do read are merely given for informational purposes only.
Midland Funding LLC is a junk debt buyer. Junk debt buyers purchase defaulted debts such as credit card debt, student loans, medical bills, etc. They only pay pennies on the dollar for these debts because the sellers have given up on collecting. The junk debt buyers often try to make their profit by hiring attorneys to sue on the full amount of the debts (with other fees added in) instead of just what they paid for them. Junk debt buyers can have trouble proving their case when there is a proper defense made.
If one is sued by a junk debt buyer for the collection of a debt, then he/she generally would need to file an answer to the lawsuit. An answer is a defendant's written response to a plaintiff's complaint. An answer has to be filed with the court within the time frame allowed and in accordance with the court rules/procedures. If a defendant does not answer a debt collection lawsuit the creditor usually gets a default judgment. A default judgment is a judgment entered against a party who has failed to defend against a claim that has been brought by another party. A default judgment in favor of a party means that party wins the lawsuit. Creditors can use a judgment to try and garnish wages at some point in the future, seize bank accounts, place liens on real property (in some jurisdictions such as MI), etc.
If you are sued by the junk debt buyer, it is advisable to contact a local debt collection attorney to get help with filing an answer. If you are in a low income bracket and a lawsuit is filed against you in western Michigan, you could see whether you qualify for Legal Aid of Western Michigan (LAWM) to take the case. LAWM can be reached at 800-442-2777. LAWM frequently defends people for free against junk debt buyer lawsuits.
If you find my answer is helpful and/or the “best answer”, I appreciate you indicating below. The information provided is general information only and not legal advice. You should not rely on the information provided as advice or apply it to a specific situation without a more thorough consultation with counsel. You should not act, or refrain from acting, upon any information provided without first seeking professional legal counsel. The information provided does not create an attorney client relationship.
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