Sued by Midland Credit Management in Delaware? Here's What to Do Next

2015 · consent order

$42M in consumer refunds + $10M civil penalty; ceased collection on $125M in debt

CFPB found that Encore, Midland Funding, and Midland Credit Management violated the FDCPA, CFPA, and Fair Credit Reporting Act by collecting on debts they could not substantiate, filing misleading affidavits in court, and pursuing debts past the statute of limitations.

CFPB source

2020 · lawsuit settled

$15M civil penalty + consumer redress

CFPB sued Encore and its subsidiaries for violating the 2015 consent order — including continuing to collect on time-barred debt without required disclosures. The settlement extended the conduct provisions of the 2015 order for five additional years.

CFPB source

Statute of Limitations Defense

In Delaware, the statute of limitations for credit card debt is 3 years. If your last payment was more than 3 years ago, the debt is time-barred. Midland Credit Management has been the subject of CFPB findings related to suing on time-barred debts — check your dates carefully and raise the SOL defense in your Answer.

Lack of Standing / Chain of Title

As a debt buyer, Midland Credit Management must prove they actually purchased your specific account. Demand the complete chain of title — the purchase agreement, bill of sale, and assignment documents. In Delaware courts, failing to produce this documentation can result in dismissal.

Challenge the Amount

Demand a complete accounting from the original creditor's last statement through the current claimed balance. Any unauthorized fees, post-charge-off interest, or collection costs not in the original agreement should be disputed line by line.

Delaware Wage Garnishment Exemptions

Only 15% of gross wages can be garnished — one of the most protective states for wage garnishment.

Delaware Consumer Fraud Act

In addition to the federal FDCPA, Delaware's Delaware Consumer Fraud Act may provide additional protections and remedies against Midland Credit Management's collection practices.

Delaware Court System

Justice of the Peace courts handle cases up to $25,000. Superior court for larger amounts. Filing fees in Delaware typically range $45-$250.

Who is Midland Credit Management?

Midland Credit Management (MCM) is a debt collection company and subsidiary of Encore Capital Group. They purchase defaulted debts from banks and other creditors, then aggressively pursue collection including filing lawsuits.

How do I respond to a Midland Credit Management lawsuit?

You must file a written Answer with the court before your state's response deadline. In your Answer, you should deny the allegations you dispute, raise affirmative defenses like statute of limitations or lack of standing, and demand they prove they own the debt.

Can Midland Credit Management garnish my wages?

Only after they obtain a court judgment against you. If you do not respond to the lawsuit, they will get a default judgment. Some states like Texas, Pennsylvania, and North Carolina do not allow wage garnishment for consumer debts.

What if Midland Credit Management is reporting wrong information?

If MCM is reporting inaccurate debt information to credit bureaus, this may violate the FDCPA and the Fair Credit Reporting Act (FCRA). You can dispute the information with the credit bureaus and file complaints with the CFPB.

Is Midland Credit Management the same as Midland Funding?

Midland Funding LLC is the entity that purchases the debts, while Midland Credit Management is the collection arm that contacts consumers. Both are subsidiaries of Encore Capital Group and often appear together in lawsuits.

How long do I have to respond in Delaware?

20 days from service to file your Answer.

What is the statute of limitations in Delaware?

3 years for all types of contracts. This is one of the shorter SOLs in the country.

How much can they garnish in Delaware?

Only 15% of gross wages — Delaware is one of the most protective states for wage garnishment.

Where are debt cases filed in Delaware?

Justice of the Peace courts handle cases up to $25,000. Most consumer debt cases are filed here.

Can debt collectors garnish my wages in Delaware?

Delaware provides one of the strongest wage protections in the country for consumer debts. Under 10 Del. C. § 4913, wages cannot be garnished to satisfy a judgment based on a consumer debt (credit card, medical, personal loan, etc.). The protection does not apply to child support, taxes, or other non-consumer obligations. This means that even if a credit card company or debt buyer gets a judgment against you in Delaware, they cannot reach into your paycheck for the amount owed. They can still pursue other collection methods, including bank account levies and liens on non-exempt real property, but your wages are safe. Federal benefits like Social Security and SSI remain protected under 42 U.S.C. § 407 in any case. If a collector or its lawyer threatens to garnish your wages on a Delaware consumer debt, that is a likely violation of 15 U.S.C. § 1692e(5) of the FDCPA (threatening action that cannot legally be taken) and supports a counterclaim under § 1692k.

Are debt collectors required to be licensed in Delaware?

Yes. Under 30 Del. C. § 2301, any collection agency operating in Delaware must hold a current business license. The Delaware Division of Revenue handles licensing, and the Delaware Department of Justice's Consumer Protection Unit enforces compliance. An unlicensed collector who attempts to collect or files suit violates the licensing statute and triggers a parallel violation under 15 U.S.C. § 1692e(9) of the federal FDCPA for misrepresenting authority. If you are sued by a debt buyer or third-party collector, check whether the named plaintiff and any in-state collection counsel are properly licensed. Lack of licensing is a defense and grounds for dismissal. It can also support a claim under the Delaware Consumer Fraud Act, 6 Del. C. §§ 2511 et seq., with treble damages and attorney's fees in cases of willful violation.

What is the statute of limitations on credit card debt in Delaware?

Delaware applies a three-year statute of limitations to actions on debts under 10 Del. C. § 8106, which courts have applied to credit card accounts and most consumer contracts. The clock typically begins running on the date of default, usually the date of the last payment. Three years is one of the shorter SOLs in the country, which is a significant consumer protection. Once the three years run, the debt is time-barred and a suit on it violates 15 U.S.C. § 1692e(2) and § 1692f(1) of the FDCPA. Raise the statute of limitations as an affirmative defense in your Answer and consider an FDCPA counterclaim for up to $1,000 in statutory damages, actual damages, and attorney's fees under § 1692k. Many out-of-state debt buyers fail to check Delaware's short SOL before suing, which creates leverage at the Answer stage. Note that a written promise to pay can revive the SOL, so do not acknowledge old debts in writing.

What courts handle debt collection in Delaware?

Delaware has a three-tier civil court system for consumer debt cases. The Justice of the Peace Courts handle most consumer debt suits for amounts up to $25,000 under 10 Del. C. § 9301; the Court of Common Pleas handles cases up to $75,000; and the Superior Court handles larger civil claims. After you are served, you have 15 days to file an Answer in JP Court and 20 days in the Court of Common Pleas. JP Court procedure is relatively informal, but you still need to file a written Answer denying the allegations and raising affirmative defenses like statute of limitations under 10 Del. C. § 8106, lack of standing, and failure to validate under 15 U.S.C. § 1692g. The federal FDCPA at § 1692i requires the suit to be in the county where you currently live or where you signed the original contract. If a collector files in the wrong county, raise improper venue immediately.

How does the Delaware Consumer Fraud Act apply to debt collection?

The Delaware Consumer Fraud Act, 6 Del. C. §§ 2511 et seq., prohibits any deception, false promise, misrepresentation, or omission in connection with the sale or advertisement of merchandise, which Delaware courts have applied to debt-collection conduct. Remedies under 6 Del. C. § 2525 include actual damages, attorney's fees, and in cases of willful violation, treble damages. The CFA reaches both original creditors and third-party debt collectors, filling part of the gap the federal FDCPA leaves open. Conduct that violates 15 U.S.C. § 1692e (false representations), § 1692f (unfair practices), or § 1692g (validation requirements) often supports a parallel Delaware CFA claim. The Delaware Department of Justice's Consumer Protection Unit also investigates patterns of collection abuse and can bring enforcement actions against unlicensed or abusive collectors under 6 Del. C. § 2522. If you have been sued by a Delaware collector and believe the practices were deceptive, document the conduct and consider both FDCPA and Delaware CFA counterclaims.