Consumer complaint received 2021-02-01
Company: ENCORE CAPITAL GROUP INC.
State: CO
Product: Debt collection
Sub-product: Credit card debt
Issue: Written notification about debt
Sub-issue: Didn't receive notice of right to dispute

Complaint:
In XXXX, I saw a collections from Midland Funding LLC on my credit report. After I looked into Midland Funding LLC and who owns them, I realized what kind of company I would be dealing with. I called in an attempt to verify the debt and familiarize myself with the facts about this alleged debt. I was given the run-around and was hung up on after whoever I spoke to refused to transfer me to someone else. 

After I did some more digging, I found records of a lawsuit filed against me in XXXX XXXX, XXXX  that included a judgment filed against me for a debt upwards of {$2700.00}. This lawsuit was filed in XXXX and my little brother was served with the suit ; I filed an answer and after showing the clerk my evidence and explaining the situation, I was told that nothing else would happen with the case. Then, a judgment in XXXX  was entered against me in XXXX -- two years later -- and I have no idea how this could be the proper venue. I haven't even minimal contact with the state of XXXX  and have not lived there for five years, now. 

I was never notified of this alleged debt in writing, by phone, or by any other means before a lawsuit was entered against my name in XXXX  by Midland Funding. Obviously, I then lived and still live in XXXX  with my wife and family. I looked at the court records and saw that this alleged debt is tied to a XXXX XXXX XXXX credit card that I never remember having. In fact, my wife and I have a XXXX XXXX credit card that we've had for years and it has always, with no exceptions, been paid on time. I'm really confused because the information I saw about the alleged contract with XXXX included my accurate name, social security number, and birthday. The only thing I can think of is that an employee of mine at XXXX XXXX could have opened a credit card in my name during or after my time of employment there. 

Given that the alleged contract was signed in XXXX XXXX, XXXX, I contacted a family member who is a practicing attorney in that area and he is drafting a letter to Midland. I've also contacted a lawyer in XXXX  who can help me navigate my next steps in either suing Midland or challenging the judgment entered against me in a state I didn't and do not live in. I'm glad to know that I don't have anything that they would be able to garnish/attach in XXXX, at least. If they were to try to domesticate their judgment here in XXXX, it would be a renewed opportunity for me to prove their missteps and abuse of venue ; my wife is a practicing attorney here who specializes in consumer law. The statute of limitations on this debt, allegedly from XXXX, will reach the five-year statute of limitations in XXXX of this year according to court documents. 

I feel as if Midland 's operational attitude is oriented only towards collecting money, whether or not people actually owe it and by abusive means. They assume that people do not know their rights and count on this in order to get more money. They represent the absolute worst in capitalism, feeding on working class Americans who have neither the time nor resources to challenge them. Every lawyer I have consulted about this, in XXXX, XXXX, and XXXX, has told me that Midland Funding and affiliates are notorious for their predatory practices. I am sure that as this country progresses and continues to hold these businesses to account, they will be one of the first ones to go. I hope to be one of the voices that exposes them and their abusive tactics. 

Currently, I am gathering all of the evidence supporting my aforementioned claims and working with my legal team to exhaust all remedies to this situation.

Company response to consumer: Closed with explanation