Report: #1463976

Complaint Review: Midland Funding LLC and Medelson - CA San Diego

  • Submitted:
  • Updated:
  • Reported By: Amy — Jackson MS United States
  • Midland Funding LLC and Medelson
    8875 Aero Drive
    CA, San Diego
    United States

Midland Funding LLC and Medelson Encore Capital Group Inc. Un Fair Collection CA San Diego

*Consumer Comment: This is what happens

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I recently was contacted by a company called Midland Funding that buys old credit card debts at a Hugh discount and by purchasing debt at a hugh discount they receive very limited information pertaining to the debt. They hire outside lawyers to file collection law suits and you would think that being a lawyer you would know the rules of collecting money inside of a courtroom. I received a Judgment from Midland Funding and their attorney from Mendelson Law Firm and to my surprise all the Judgement pertained was my name, the company and their lawyer whom I was being sued by and the date of the trial on the front portion of the Judgement, On the back portion of the Judgement was one little receipt attached that didn’t even have the correct amount on it that I was being sued for. I immediately thought now what Judge would have even signed off on this to go to trial. To my surprise the day of the trial it seemed as though Midland Funding and their hired lawyer Medelson Law Firm owned the courtroom. Court was called to session and they soon called Medelson Law Firm and their 1st client up and I noticed the Medelson Lawyer with his nice suit on with his big smile and then I noticed an I Pad and I immediately though this is not real!! He’s actually gonna collect money from his I Pad, with not a shred of paper evidence!! WOW who does this?? Is the Judge really gonna let this happen?? To my surprise yes she did!!

Each case that was presented that day with Midland through their lawyer was through an I Pad, So now I just remember the lawyer as being the I Pad collector!! As I sat there case after case all I could think about was these poor people didn’t know their rights and no one to even help defend them not even the Judge and she never once questioned the evidence, who even knows whether or not he had evidence or proof of anything on his I Pad!! Finally it was my turn and I kinda made a Joke about the IPad collection but the Judge just ignored my comment. I told her that this Lawyer doesn’t have any real proof of me owing him or Midland funding nor could he provide any real proof of even owning the debt nor did he have any real proof of the correct dollar amount. Well to my big surprise she asked him did he have any real proof of the correct dollar amount and oh my goodness he couldn’t show her anything that was the correct amount on this fancy I Pad and he didn’t even bother to try and show her either. Instead of the Judge dismissing the case she decides to continue it on to a later date and actually asked me to bring proof also of the debt amount and I am thinking, you really can’t be serious Judge, after all he’s the one that’s sueing me and he should have all of his correct documentation forwarded to you even before this trial came up but to my surprise she did continue it for him to prepare himself for the next trial!!

Midland Funding and Medelson Law Firm in my opinion should be made to pay back money to ever individual that they have illegally collected money from especially from off of an I Pad that nobody bothered to even check to make sure there was even any real proof off any money owed on this IPad!! Midland Funding who is owned by the Encore Capital Group Inc was sued by the AG of New York in 2014 had to vacate as many as 4,500 improperly obtained Judgments totaling as much as 18 million dollars and had to pay 675,000 dollars in penalties and cost. The Judgement that I received from these people should have never made it passed the Judge and I am sure it is many many more in my state that have been improperly obtained that should have been immediately denied. Midland Funding documents cannot even prove the last payment received neither can they prove the correct balance and the witness that they provide is clearly a robo signature!! They have clearly been warned of these incorrect collection actions in other states but they continue to go from state to state practicing the same un fair collections and makings billions of dollars a year!! I would like to see the state of ms help me in obtaining justice for our people let’s all join in together in a classaction lawsuite to stop this ridiculous collection actions from this company and their Law Firm. It is unfair to everyone and they are making billions of dollars off of people who don’t know their rights and nobody to tell them their rights.

This report was posted on Ripoff Report on 10/09/2018 08:57 AM and is a permanent record located here: https://www.ripoffreport.com/reports/midland-funding-llc-and-medelson/ca-san-diego-92123/midland-funding-llc-and-medelson-encore-capital-group-inc-un-fair-collection-ca-san-di-1463976. 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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#1 Consumer Comment

This is what happens

AUTHOR: Robert - (United States)

POSTED: Tuesday, October 09, 2018

While this company is known for buying up and trying to collect on junk debts, and you can find many complaints about numerous violations of the FDCPA. This is what happens when you try to be your own attorney and think that court is one big joke.

Regardless of their history, in your case they did actually file suit. I don't know where you got the idea that a judge has to approve a case to go to "trial". They filed a lawsuit, served you with the court documents, and you have a date for the hearing.

Too bad that someone who is talking about their "rights", didn't exactly handle themselves the best they could in court. As if you had you  wouldn't be making jokes about an attorney who uses an iPad.  The fact that you are calling your summons a judgement and talking about an attorney presenting their case as collecting money, isn't helping you either.  You also probably talked yourself right into having the case continued instead of dismissed by this one statement you made.

I told her that this Lawyer doesn’t have any real proof of me owing him or Midland funding nor could he provide any real proof of even owning the debt nor did he have any real proof of the correct dollar amount.

As shown by the judges statement wanting you to return with proof of the amount, you basically admited you owed SOMETHING and the only disagreement was over the amount. Making the need for them to prove it basically inconsequential.

Had you stopped thinking you had all of the angles covered, and not trying to get out on technicallities you may have actually walked out of there with the case dismissed.

So on your new court date, if you truly do not legally owe the debt get an attorney. Perhaps they can help you get out of this mess, or at least give you some suggestions as to what to do.  If you do owe the debt, then do what you need to do to prove it is the right amount.

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