Consumer complaint received 2021-09-13
Company: ENCORE CAPITAL GROUP INC.
State: CA
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Sued you without properly notifying you of lawsuit

Complaint:
I received a letter from my employer on XX/XX/XXXX that beginning XX/XX/XXXX my check would be garnished for a repayment of credit debt to Midland Funding LLC for $ XXXX Sherriff fee+ {$1.00} daily interest + {$12.00} disb fee. When I contacted them they informed me it was for a debt at XXXX XXXX  opened in XXXX but would not give me the amount owed. I have never opened a credit card at XXXX and explained that I have never received any information from XXXX XXXX  and they told me the last information that was sent to me was in XXXX. I never knew about this lawsuit and they obviously were sending it to the wrong address because she told me the account was opened in my name with my social security number and 4 payments were made towards this XXXX Credit Card from that address. I explained that it was definitely fraud because I have never owned a XXXX  credit card and I do not know if this is something that my ex husband may have opened in my name because I was married back then. I can not prove this but I do not have an explanation. I also inquired why I never received notice from XXXX XXXX  and all these years later they have chosen to sue me and garnish my wages for a debt that I never incurred and left without being paid. I was able to pull my credit report and XXXX is not on it and neither is Midland Funding. I am also working with XXXX XXXX for credit repair and I spoke to their fraud department and they saw nothing on my credit report for XXXX or Midland Bank. Midland Bank did not serve me with court papers and I was hospitalized on XX/XX/XXXX with XXXX and was sick for 3 months nearly died. I have no money to give this company for fraudulent activity because I am only working part time and was paid through XXXX fund for the time I was sick. I barely make enough to support my family and they are taking 25 % of my funds for an account I never knew existed. They have my name, old address on the XXXX Account, and my social security number but it was not me. I have paid off my credit cards and I am trying to fix my FICO scores. This does not even show up and the account is from XXXX. I tried to file a police report but they denied me because I couldn't show them proof of a XXXX account. I do not have a card, an account number, or credit report to show this is a debt I owe. Please help me because although it is in my name with my social security number and old address I would need help proving that it is not me. I asked Midland for banking information from which the account was paid but was unable to obtain that information. That would validate for me that my ex husband was the culprit because he would've had access to my debit card and check book. Midland Funding did not send me court information they just sent the court paperwork to my employer. I never knew that they intended to sue me and their claim of sending the mail in XXXX can not be proved because I never received any mail from them at all. I have lived at my current address since XXXX and moved away from my abusive husband and lived with my mother since XX/XX/XXXX. We attempted many times to get back together but the relationship was irreparable and we separated for good in XXXX and divorced after years of court appearances in XXXX. I am pleading that an investigation begin with Midland Funding because they are garnishing, y wages and never sent paperwork to my address informing me of this unlawful fraudulent crime. They sent it to my employer and possibly to the old address which was XXXX XXXX XXXX XXXX, XXXX XXXX my current address since XXXX is XXXX XXXX XXXX XXXX Ca XXXX and I am currently in forbearance due to XXXX. I am an XXXX  XXXX at XXXX XXXX and have ben frontline worker since the beginning of XXXX, I caught the XXXX at work. Please assist me with this fraudulent credit card expenditure that I was not responsible for and had no knowledge of by XXXX or Midland Funding LLC who claim thy sent me a letter in XXXX when I spoke to them today XX/XX/XXXX.

Company response to consumer: Closed with explanation