Consumer complaint received 2018-04-29
Company: ENCORE CAPITAL GROUP INC.
State: CA
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was already discharged in bankruptcy and is no longer owed

Complaint:
XX/XX/XXXX Approximately one and a half to two months ago, I received an undated notification from XXXX XXXX XXXX , XXXX, stating : Dear XXXX, Congratulations! You have been pre-approved for a discount program designed to resolve your Legal Collections account without any further legal action. 
THIS IS A LIMITED TIME OFFER Call ( XXXX ) XXXX, by XX/XX/XXXX, to take advantage of the discounts listed below. 
Option 1 : 20 % OFF You Pay Only Payment Due Date : XX/XX/XXXX {$2700.00} Option 2 : 10 % OFF 6 Monthly Payments of Only {$520.00} We want to resolve this debt without any further legal action, please call one of our Account Managers at ( XXXX ) XXXX. Your MCM account number is____________. 
When calling us to discuss your account or make a payment, please use the Legal Collections account number ______. 
Sincerely, XXXX XXXX, Group Manager. XXXX Yesterday, I received a legal letter, from XXXX XXXX XXXX XXXX, State Bar No. : XXXX, Attorney for XXXX XXXX, XXXX, XXXX XXXX XXXX, # XXXX, XXXX XXXX, CA. XXXX, TELEPHONE NO : ( XXXX ) XXXX, FAX NO : ( XXXX ) XXXX, dated XX/XX/XXXX, on what appears to be a MEMORANDUM OF COSTS AFTER JUDGMENT, ACKNOWLEDGEMENT OF CREDIT, AND DECLARATION OF ACCRUED INTEREST form from the SUPERIOR COURT OF CALIFORNIA , COUNTY OF XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, CA, XXXX including the following : 1. ( Box unchecked. ) Postjudgment Costs : I claim the following costs after judgemnet incurred within the last two years = {$0.00} 2. b. ( Box unchecked. ) Principal remaining due : {$2.00}, XXXX XXXX. ( Box checked. ). Accrued interest remaining due : I declare interest accruing ( at the legal rate ) from the date of entry or renewal and on balances from the date of any partial satisfactions ( or other credits reducing the principal ) remaining due in the amount of {$1100.00}. 
4. ( Box checked. ). I am the attorney for the judgment creditor. I have knowledge of the facts concerning the costs claimed above. To the best of my knowledge and belief, the costs claimed are correct, reasonable, and necessary, and have not been satisfied.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 
Date : XX/XX/XXXX ( Box checked. ) XXXX XXXX XXXX XXXX ( SIGNATURE OF DECLARANT ) NOTICE TO THE JUDGMENT DEBTOR If this memorandum of costs is filed at the same time as an application for for a writ of execution, any statutory costs, not exceeding {$100.00} in aggregate and not already allowed by the court, may be included in the writ of execution. The fees sought under this memorandum may be disallowed by the court upon a motion to tax filed by the debtor, notwithsatanding the fees having been included in the writ of execution. ( Code civ. Proc., 685.070 ( c ). ) ( Proof of service on reverse ) Form Adopted for Mandatory Use Code of Civil Procedure Judicial Council of California. 65.040, 685.070, 695.220 MC-012 ( Re. XX/XX/XXXX ). www.court.ca.gov PROOF OF SERVICE ( Box checked. ) Mail 1. At the time of service I was at least 18 years of age and not a party to this legal action.

2. My residence or business address is : ( specify ) XXXX XXXX XXXX XXXX # XXXX XXXX XXXX CA. XXXX 3.

a. ( Box checked. ) Mail. I am a resident of or employed in the county where the mailing occurred.

1.b. ( Box checked. ) placed the envelope for collection and mailing on the date and at the place shown in items below following our ordinary business practices. I am readily familiar with this businesss practices for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service ina sealed envelope with postage fully prepaid.

2.a. Name of person served : XXXX b. Address on envelope. _________ c. Date of Mailing ( No date. ) d. Place of Mailing XXXX XXXX, CA I delclare under penalty of perjury under the laws of the State of. Alifornia that the foregoing is true and correct. 
Date : ( No date. ) ( TYPE OR PRINT NAME ) No Name typed or printed.

( Signature of DECLARANT ) None.

In the meantime, I have researched my case on the Superior Court of XXXX County website and found a default judgement against me from XXXX XXXX in XXXX. At the time, I was unaware of this case and its court date and am of the opinion that the Statute of Limitations has run out on this debt and this judgement. In my research, I also came across an enforcement action against Encore ( Finance/Financial/Funding??? ) from the Consumer Finance Protection Bureau, staying that Encore= XXXX XXXX , XXXX XXXX XXXX XXXX etc., are to cease and desist from legally going after or contacting potential/ prospective debtors, whose statute of limitations have expired, etc.. If this is true, I would like you to please contact XXXX XXXX XXXX , XXXX and XXXX XXXX, XXXX and ask them to cease and desist from contacting me, in any way, shape, or form and to quit harassing me, with legally deceptive forms of correspondence. Also, please feel free to advise me, if my information about/opinion on this matter is incorrect. 
Sincerely, XXXX^

Company response to consumer: Closed with non-monetary relief