• Report: #447260

Complaint Review: Midland Funding

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  • Submitted: Tue, April 28, 2009
  • Updated: Wed, April 29, 2009

  • Reported By:Aberdeen South Dakota
Midland Funding
606 East Tan Tara Circle Sioux Falls, South Dakota U.S.A.
  • Phone: 605-336-8234
  • Web:
  • Category: Lawyers

Midland Funding A plain clothed man delivers a summons to my elderly Mother Sioux Falls South Dakota

*Consumer Comment: Aberdeen

*Consumer Comment: Never heard of them

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When I checked at the local county court house there was no summons on file, but the clerks stated Midland was a legitimate company and they may not have received the copy yet. Thanks to Ripoff Report, I found a letter requesting validation of the account and also requested all 3 credit reports.
I received minimal information from the law office, and my Mother swears she never had an account with First National Bank of Omaha, whom they stated was the original creditor. I checked the original account number they provided with all accounts contained in the credt reports and could NOT find a match. This letter also states the account was opened in July 1999 and "DATE OF CHARGE OFF: September 30, 2004. Can somebody explain what this means? Although this does not appear to be a legitimate debt, my Mother is very concerned and afraid. I can imagine what other elderly people feel like and is this Midland company getting money from the elder people because they are afraid?? My Mother's only income is social security and she cannot afford an attorney to fight this. Can somebody advise me what the next step should be?

What happened to ethics
Aberdeen, South Dakota
U.S.A.

This report was posted on Ripoff Report on 04/28/2009 04:36 PM and is a permanent record located here: http://www.ripoffreport.com/r/Midland-Funding/Sioux-Falls-South-Dakota-57108/Midland-Funding-A-plain-clothed-man-delivers-a-summons-to-my-elderly-Mother-Sioux-Falls-So-447260. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 Consumer Comment

Aberdeen

AUTHOR: Victim Of Collections - (U.S.A.)

Please reference the below website to find the SOL for SD (six years)

(((Redacted)))
15-2-13. Contract obligation or liability--Statutory liability--Trespass--Personal property-- Injury to noncontract rights--Fraud--Setting aside corporate instrument. Except where, in special cases, a different limitation is prescribed by statute, the following civil actions other than for the recovery of real property can be commenced only within six years after the cause of action shall have accrued:

(1) An action upon a contract, obligation, or liability, express or implied, excepting those mentioned in 15-2-6 to 15-2-8, inclusive, and subdivisions 15-2-15(3) and (4);

(2) An action upon a liability created by statute other than a penalty or forfeiture; excepting those mentioned in subdivisions 15-2-15(3) and (4);

(3) An action for trespass upon real property;

(4) An action for taking, detaining, or injuring any goods or chattels, including actions for specific recovery of personal property;

(5) An action for criminal conversation or for any other injury to the rights of another not arising on contract and not otherwise specifically enumerated in 15-2-6 to 15-2-17, inclusive;

(6) An action for relief on the ground of fraud, in cases which heretofore were solely cognizable by the court of chancery;

(7) An action to set aside any instrument executed in the name of a corporation on the ground that the corporate charter had expired at the time of the execution of such instrument.

Source: SDC 1939, 33.0232 (4); SL 1941, ch 151; SL 1945, ch 144; SL 1945, ch 145, 1; SL 1947, ch 153, 2; SL 1953, ch 198, 1.

Midland Funding (aka Midland Credit Managment / Encore Capital) is a VERY real company. They are known for buying up bad debt portfolios for pennies on the dollar. Do not ignore the summons (even if the court currently has no record) and file a Motion to Dismiss on lack of Jurisdiction ( I believe that is the correct wording, but consult with a local attorney as many will answer general questions over the phone for no charge). Make Midland work for their case as the burden of proof lies on their shoulders. Charge off debt 2004 is the date the orginal creditor wrote the debt off the books. The credit reports should reflect a "first" delinquency date (there may even be two) and quite possibly a secondary open date which is the date Midland purchased the debt.

The SOL is based on actual last activity on the account (payment, etc) and the clock or your six years start from that date. Midland WILL not nor will their Attorney respond to Validation of Debt letters. And many courts nowadays do not take these letter into consideration and if they do...a validation of debt from Midland could simply be their own fabricated statement where someone typed on a Word document an account number and some balance owing (this balance often does not match the amount in the lawsuit. The collection letters will more than likely OVERSTATE the amount as well.

Go to www.ftc.gov and read about "time-barred" debts. Although if the original creditor is legitimate and the charge off is 2004 Midland or its Attorney filed suit before the SOL expired.


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#2 Consumer Comment

Never heard of them

AUTHOR: Stacey - (U.S.A.)

There is a bottom feeder debt collection agency named Midland Credit Management
Make sure you check any information you have and post the correct name'
There are many people who can give you advise and help
Good luck
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