Tag Archives: san diego

Minnesota AG Files Robo-Signing Suit

Attorney General Lori Swanson of Minnesota has alleged in a new suit that Midland Funding LLC created false, unreliable affidavits as proof of consumer debt.

The Minnesota Attorney General went to court seeking an injunction against the large Midland Funding debt collection agency that would put an end to the company’s practice of “robo-signing” court affidavits which, she alleges, has resulted in false and deceptive lawsuits being filed against consumers across the nation.

Midland Funding LLC, is a San Diego based company that purchases aged consumer debt from credit card and other credit issuers.  The company has acknowledged  that its employees in St. Cloud, Minnesota, have wrongly signed affidavits falsely stating they had proof of a consumer’s debts.  These affidavits were then used by Midland as a basis for filing collections lawsuits against people who had already cleared their debt and others whose names were similar to the actual debtors.

You can read more on this at the Minnesota Star Tribune in a comprehensive article by David Schaffer.

Submerged Car Surfaces In Court

Here is a very interesting video on You Tube about a man that purchased a car that had, at some point, been completely submerged under water. Something of a sales arbitration horror story.

There are lessons to be learned from this event.

  1. Do NOT take delivery of a car you are buying where work is orally “promised”. Even if the promise of repairs is in writing, it is best to leave the car at the dealership (do NOT even drive it home overnight) but let the dealer fix it first. Then only AFTER the dealer has attempted the promised repairs do your further inspect it before deciding whether you still want to complete the deal.
  2. Car faxes are highly overrated. They do not replace a careful inspection by a qualified mechanic. Car faxes seldom provide sufficient information about a vehicle’s history of accidents, past repairs, mechanical condition, out of state salvage title etc.to be of much use in learning much about the real history of a car.
  3. Never sign a contract that has an arbitration provision in it, giving up your right to a trial by jury. Demand that the dealer use a different form contract (yes they have them) or go shopping for a car at another dealership that does not use contracts with arbitration clauses. Yes people, this requires that you READ the contract. Try calling a dealership first before you go there and ask them if they use contracts without arbitration clauses. Then verify it when you first arrive and again before signing the actual contract.

ADH