Sued by Midland Credit Management in Oklahoma? 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 Oklahoma, the statute of limitations for credit card debt is 5 years. If your last payment was more than 5 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 Oklahoma 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.

Oklahoma Wage Garnishment Exemptions

Greater of 75% of disposable earnings or 30x minimum wage exempt.

Oklahoma Consumer Protection Act

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

Oklahoma Court System

Small claims limit $10,000. District court handles larger civil cases. Filing fees in Oklahoma typically range $50-$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 to respond in Oklahoma?

20 days from service.

What is the SOL in Oklahoma?

5 years for written contracts. 3 years for oral contracts.

Can wages be garnished?

Yes. Federal limits apply.

Where are cases filed?

Small claims up to $10,000. District court for larger amounts.

I was sued in Oklahoma small claims court. How is that different from district court?

Oklahoma small claims court handles civil disputes up to $10,000 under Okla. Stat. tit. 12 § 1751. The process is faster, the rules of evidence are relaxed, and you can represent yourself without a lawyer. You will be told a specific court date in the summons rather than given time to file a written answer like in district court. Show up. If you do not appear, the judge will almost certainly enter a default judgment. Bring any documents you have, including the original contract if you can get it, payment records, and any letters from the collector. Make the debt buyer prove they own the debt by asking to see the bill of sale, the chain of assignments, and the original account agreement. Many small claims debt buyer cases fail when the plaintiff shows up with only a one or two page affidavit. If the case is more complicated or the amount is over $10,000, it will be in district court instead, where formal written pleadings and discovery apply.

How much of my paycheck can be garnished in Oklahoma?

After a judgment, Oklahoma follows the federal garnishment cap. A creditor can take the lesser of 25% of your disposable earnings or the amount by which your disposable earnings exceed 30 times the federal minimum wage per workweek. Disposable earnings means what is left after legally required deductions like federal and state taxes and mandatory retirement contributions, not what is left after voluntary deductions like a 401(k). Oklahoma also recognizes a hardship exemption, and you can ask the court to reduce the garnishment if you can show by sworn statement that the full 25% would leave you unable to pay for basic necessities. The form is usually available from the court clerk or the garnishment notice itself. Government debts like federal student loans, taxes, and child support follow different and sometimes higher caps. If a collector is threatening to garnish more than 25% of a non-government debt, that is a violation.

What is the statute of limitations on debt in Oklahoma?

Oklahoma's general statute of limitations on a written contract, which includes most credit card cardholder agreements, is five years under Okla. Stat. tit. 12 § 95(A)(1). For oral contracts and open accounts, the limitations period is three years under § 95(A)(2). For installment loans, the clock starts ticking on each missed payment, although most courts treat the full balance as due once the lender accelerates the loan. For out-of-state creditors, Oklahoma's borrowing statute can apply the limitations period of the state where the cause of action arose if that state's period is shorter. If you are sued on a debt that is past the statute of limitations, you must raise the defense in your answer. If you do not, you can waive it. Making even a small payment or signing a new agreement on an old debt can restart the clock, so do not make payments or sign anything on a debt you suspect is time-barred without legal advice.

Can I lose my house in Oklahoma if a debt collector wins a judgment?

Generally no. Oklahoma has one of the strongest homestead exemptions in the country. Under Okla. Stat. tit. 31 § 1, an unlimited dollar amount of equity in your primary residence is exempt from execution by general unsecured creditors, up to one acre in an urban setting or 160 acres in a rural setting. This means a debt buyer who wins a judgment against you for a credit card or medical debt usually cannot force the sale of your home. The exemption does not apply to mortgages, mechanic's liens on the property, or property taxes, all of which can still result in foreclosure or tax sale. The exemption is not automatic at the federal level, so if you file bankruptcy, you must claim it correctly. A judgment lien can still attach to non-homestead real estate and to the homestead in a limited way if you later sell or refinance, so consult a lawyer about how to clear a stale judgment lien from the title.

What is the Oklahoma Consumer Protection Act and how can it help against a debt collector?

The Oklahoma Consumer Protection Act, found at Okla. Stat. tit. 15 § 751 et seq., prohibits unfair, deceptive, and unconscionable trade practices in consumer transactions. The Oklahoma Attorney General's Consumer Protection Unit can investigate violations and bring enforcement actions, and the statute also creates a private right of action for individual consumers. Oklahoma courts have applied the OCPA to debt collection conduct arising from consumer transactions, particularly where a collector made false statements about the amount or character of a debt, threatened action it had no intent to take, or used unconscionable tactics. If you are facing a debt buyer lawsuit, an OCPA counterclaim alongside FDCPA and UCCC arguments can shift the dynamic. Damages can include actual damages and, in some cases, attorney fees. You can also file a complaint with the Attorney General using the form on the consumer protection page, which does not get you direct compensation but can trigger investigation and enforcement against repeat bad actors.