Consumer complaint received 2018-10-29
Company: ENCORE CAPITAL GROUP INC.
State: IN
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
I was sued in XXXX for a debt that was not mine and was never substantiated by XXXX XXXX. The case is set for a Hearing on a Motions for Proceedings Supplemental on XX/XX/XXXX regarding personal property and assets. 

In XXXX XXXX XXXX filed a Motion for Default Judgement. I responded with a Motion to Dismiss on XX/XX/XXXX. In the motion I demanded proof from XXXX XXXX of the debt as well denying any knowledge of the debt. ( See attachment file A ) The Judge issues an order denying my motion but notes in the order to forward a copy my motion/correspondance with the Plaintiffs counsel. ( See attachment file B ) The Plaintiff ( XXXX XXXX ) filed a motion to withdraw Default Judgement ( See attachment file C ). 

I assumed the matter was over as it was over a year until the next action was made when the Plaintiff filed a motion for Summary Judgement as well as a Memorandum for the Motion for Summary Judgment ( See attachment files D and E ) I had moved and no copies of the Motion for Summary Judgement were ever received by me which is why this case has taken me completely by surprise. 

Important to note which is part of the basis of my complaint was that no documentation of any kind was filed with the initial filing nor with the motion for Default Judgment. It wasn't until the Motion for Summary Judgement that any kind of documentation was filed. This was attached in a Memorandum to Motion for Summary Judgment ( See attachment files F, G and H ) In these attachments no account level documentation was ever submitted. According to the Consent Order that XXXX XXXX agreed to on XX/XX/XXXX on pages 34 thru 36 under the Subheading : PROHIBITION AGAINST THREATENING OR FILING COLLECTION LAWSUITS WITHOUT AN INTENT TO PROVE THE DEBT, IF CONTESTED : Encore, which is XXXX XXXX parent company, is permanently restrained and prohibited from initiating a Legal Collection lawsuit unless in possession of Original Account Level Documentation which must contain the following : a ) Consumers name. 
b ) Last four digits of the account number.

c ) The contractual terms and conditions of the debt.

d ) A Bill of Sale documenting the transfer of ownership of the debt which must include a specific reference to the particular debt being collected upon. 
e ) Any one of the following : i ) A document signed by the Consumer evidencing the opening of the account forming the basis of the debt ; or ii ) Original Account level documentation reflecting a purchase, payment, or other actual use of the account by the consumer.

It is important to note none of these requirements have been met!

Further, on page 37 of the consent order that XXXX XXXX agreed too, under PROHIBITION OF FILING FALSE AND MISLEADING AFFIDAVITS : Line E states : Submitting any affidavit which references a Consumers failure to dispute a Debt unless the affidavit also contains the following statement : Under Federal Law, " the failure to dispute a debt under [ Section 809 ( c ) of the Fair Debt Collection Practices Act, 15 U.S.C. 1692g ( c ) may not be considered by any court as an admission of liability. '' You will note that no such statement was made on this affidavit. 

On page 47 item 146 of the consent order that XXXX XXXX agreed too it states : For the Dispute Affidavit Lawsuit Debt that has yet to be collected ... Encore must within 90 days of the Effective Date of the consent order being issued : a ) Withdraw, dismiss or terminate all pending Dispute Affidavits Lawsuits, b ) Release or move to vacate all Judgements obtained during the Relevant Period regarding Dispute Affidavit Lawsuits ; c ) Cease post-Judgement enforcement activities and cease accepting settlement payments related to any Dispute Affidavit Lawsuits. 

As you can clearly see XXXX XXXX is guilty of numerous violations of this consent order and has made no effort to correct the matter. 

This lawsuit has grown to nearly {$30000.00} all for debt that was never mine in the first place! This lawsuit according to what the Plaintiff filed was from a debt that occurred from XXXX to XXXX. 

As mentioned earlier this case if up for a Hearing on XX/XX/XXXX for assets and wage information so your help here is certainly needed and appreciated!

Company response to consumer: Closed with explanation