Hundreds of Debt-Collection Affidavits Could Be Fraudulent

If you thought robo-signing was strictly a foreclosure problem, think again. The Baltimore Sun reported on October 3, 2011, that employees at Midland Funding signed 200 to 400 “false and misleading” affidavits for years even though representatives who swore they had personal knowledge of the debts actually did not. The University of Maryland School of Law’s consumer-protection clinic is trying to get documents stricken from potentially hundreds of debt-collection cases handled by Midland, which buys old consumer debts and sues to collect.

According to the Sun, the University of Maryland consumer-protection clinic claims the company and affiliate Midland Credit Management have more than 400 active cases in Maryland that rely on affidavits filed from January 2005 through mid-March 2011, the period covered by the class-action settlement. Midland insisted the facts in the affidavits were accurate, but agreed as part of the settlement to change its practices.

As the Sun noted, affidavits are critical in debt-collection cases because many suits are decided without ever going to trial. Affidavits the written equivalent of court testimony, and if the consumer is not there to defend themselves, a judge decides the case based on filings by the company suing to collect—including the affidavit.

Do you want to end creditor harassment? If you are in desperate need of foreclosure help or simply want to end creditor harassment, the best place to start might be a bankruptcy means test. Maryland bankruptcy lawyer Kevin D. Judd knows that consumers need an experienced, trustworthy voice on their side to help them file for bankruptcy and get deserved relief today. If you are drowning in credit card debt, contact our office today to set up a consultation. Our Maryland bankruptcy attorney can show you how to consolidate, eliminate or reorganize your debt as part of the Chapter 13 or Chapter 7 bankruptcy process.

Law Firm of Kevin D. Judd – Maryland bankruptcy lawyer



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