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One of the worst things for people to deal with when they have unpaid debt is the constant phone calls from debt collection companies. These phone calls will quickly become much more than just a nuisance. They can turn into harassment and make life unbearable, particularly when a debt collection company starts threatening you. Midland Credit Management is one of the biggest debt collectors in the company, and they have been known to harass Floridians about unpaid debt. If you have been contacted by this company, it is crucial that you know your rights, and how to handle the phone calls.
Who is Midland Credit Management?
Midland Credit Management, also known as MCM, is a partner and debt collection company is a conglomeration of financial organizations. The company is based out of San Diego, and they have had many complaints filed against them. These complaints include allegations of inappropriate communication, attempts to collect on unverified debts, misrepresentation, and threats, as well as other violations of the Fair Debt Collections Practices Act (FDCPA).
Unfortunately, Midland Credit Management is not a scam. It is a legitimate company that has over one thousand account managers around the globe. The company has been in operation since 1953 and it is a subsidiary of Encore Capital Group.
What Type of Debt Does Midland Credit Management Collect On?
Midland Credit Management purchases old debt from many different types of institutions. These include credit card companies, retail outlets, dentists, healthcare professionals, loan and financial companies, and more. MCM’s website is targeted directly towards consumers and states that its goal is to empower borrowers to get out of debt by providing repayment plans and education.
Unfortunately, the company’s priorities are not on the consumer. Their priority is to collect on the debt, which can return them thousands in profits for just one account. They are often able to collect on this debt, which is why the company is worth over $553 Million today.
Complaints Against MCM
When creditors and debt collectors do not comply with the law and violate a borrower’s rights, the debtor has the right to file a complaint against them. You can determine whether or not a debt collection company such as MCM is violating your rights when they call you by first finding out if they have any complaints against them. In the case of Midland Credit Management, the Better Business Bureau has listed 264 complaints against the company in the past three years, and 105 of those have been filed in the past year alone.
Filing a Lawsuit Against Midland Credit Management After They Contact You
If Midland Credit Management does contact you, they must follow very specific rules. They are not allowed to threaten you or harass you, and they cannot threaten you. They can file a lawsuit against you to collect on the debt and if they are successful, they may be able to take legal action, such as garnishing your wages. However, they cannot threaten you with a lawsuit if they have no intention of following through on that threat.
Any time MCM, or any debt collector for that matter, threatens to file a lawsuit against you, it is crucial that you speak with a Florida debt defense lawyer as soon as possible. The company is likely hoping that you will ignore the lawsuit, in which case they can obtain a default judgment against you. A default judgment will allow them to automatically take legal action, even if you had a valid defense for your case, such as if the debt does not belong to you.
Midland Credit Management has been known to violate the law when contacting borrowers. Many of the complaints filed against them allege harassment, threats, repeated phone calls, and more. When MCM engages in these unlawful practices, you can file a lawsuit against them. Under the FDCPA, you can file a lawsuit to claim up to $1,000 in statutory damages, as well as your attorney’s fees and other losses you sustained as a result of filing the lawsuit.
Violations of the FDCPA
When MCM violates your rights while contacting you, it is important to enforce your rights. Unfortunately, many people do not recognize when debt collection companies have infringed on their rights. If MCM has contacted you and engaged in any of the following practices, you may have a valid case:
- They are calling you multiple times per day or week
- They are calling very early in the morning or very late at night
- They are calling you at work
- They are calling your neighbors, family, friends, or coworkers and discussing your debt with them
- A debt collector has threatened you with arrest, violence, or a lawsuit
- They are trying to collect more than you owe
- They are threatening to report a negative account on your credit
- They have tried to intimidate you
- They are accusing you of criminal activity
- They use obscene language while trying to collect on the debt
- They are using automated robocalls
It is always wise to speak to a debt defense lawyer in Florida any time a debt collection company contacts you. However, this becomes particularly important when MCM or any other collector has taken any of the above actions. A lawyer will ensure the company stops contacting you and will help you take whatever legal action is necessary.
Call Our Debt Defense Lawyer in Florida Today
If you have been contacted by Midland Credit Management, it is critical that you speak to a Florida debt defense lawyer today. You have rights, and there is a good chance the company is infringing upon them. At Loan Lawyers, our experienced debt, bankruptcy and foreclosure lawyers near you will deal with the company on your behalf so you no longer receive calls, and prepare a defense for your case that can help clear your name from the debt. Call us today at (954) 523-4357 or fill out our online form to schedule a free case review and to learn more about your legal options.
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Loan Lawyers is made up of experienced consumer rights attorneys who use every available resource to develop comprehensive debt solution strategies. Our goal is to take on those burdens, resolve those problems, and allow our clients to sleep soundly knowing they are on the path to a better future.
