Minnesota Attorney General, Lori Swanson, filed suit against Midland Funding, LLC for filing false and unreliable affidavits in debt collection lawsuits. These are the same “robo-signed” and unverified affidavits Midland files in its Arizona collection cases.
To read the full story go here: http://www.startribune.com/business/118777379.html
What To Do If You Have Been Sued by Midland Funding, LLC
If you have recently been sued by Midland Funding, LLC, or its sister collection agency, Midland Credit Management, Inc., and believe that do not owe the debt, please contact Floyd W. Bybee at 480-756-8822
Recently I have been contacted by several Arizona consumers who have been sued by Bartolini Finance, also known as CNAC and J.D. Byrider. In each instance, the account defaulted over four years prior to the suit being filed.
Arizona Statute of Limitations for Collecting on a Repossession is Four (4) Years.
A.R.S. § 47-2725 requires that Bartolini Finance file its suit to collect the remaining balance on your car loan within four (4) years after the repossession.
In the cases I am seeing right now, the repossession took place nearly six (6) years ago, meaning that Bartolini is too late. However, if the Arizona debtor does not properly respond to the lawsuit, then Bartolini is able to get a default judgment. This is obviously what Bartolini is hoping for.
Don’t Let Bartolini Get a Default Judgment Against You!
The large majority of the cases Bartolini Finance has filed have ended up with default judgments. Many times the interest that has accrued far exceeds the amount of the original debt.
You must file an appropriate answer with the Court in order to avoid judgment being entered against you.
Hire a Lawyer to Assist You.
If you have been sued by Bartolini Finance, hire the assistance of an attorney. There are several consumer lawyers in Maricopa County which are capable of defending these Bartolini Finance lawsuits. The cost of hiring a lawyer is usually much less than the amount of the potential judgment. Plus, with the damage to your credit file by having a judgment entered, the cost of obtaining legal counsel is usually well worth it.
I would be glad to assist you in reviewing your case to see if you have a valid defense. Please call Floyd W. Bybee at the BYBEE LAW CENTER, PLC (480) 756-8822 for a consultation.