I Was Served by Midland Credit Management — What Do I Do?

The Complete Answer

From 30 Years on the Debt Buying Side.

Step 1 — Take a breath. Being served with a lawsuit from Midland Credit Management is alarming but it is not the end of the road. Midland Credit Management frequently cannot produce the documentation required to prove they legally own the debt — and cases are regularly dismissed or resolved favorably when defendants know what to demand.

Step 2 — Find your deadline. Look at the summons. It tells you how many days you have to respond. In most states that is 20 to 30 days from the date you were served — not the date you opened it. Write that date down right now.

Step 3 — Understand your options before you act. Most defendants make critical mistakes in the first 48 hours after being served. The Midland Credit Management Defense Toolkit explains what those mistakes are and how to avoid them. What you do and say in the early stages matters significantly to how your case unfolds.

Step 4 — Understand what Midland Credit Management actually has. Midland Credit Management bought your debt from a bank for pennies on the dollar. What they received was usually an electronic data file — not a complete chain of ownership documents. Under the rules of evidence they are required to prove they legally own your specific debt with an unbroken chain of documentation. Whether they can produce that documentation varies from case to case.

Step 5 — Know your state’s rules on responding. Many states require a written response before a specific deadline. As a defendant you generally do not have to prove anything — the burden is on Midland Credit Management to prove their case. Your court’s self-help resources can explain the procedural requirements in your jurisdiction.