Consumer complaint received 2021-09-13
Company: ENCORE CAPITAL GROUP INC.
State: NY
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:
On XX/XX/XXXX, I received an email from my employer that they were notified, during the pandemic that garnishment was issued to my employer by Marshal Office XXXX XXXX Badge No. XXXX that a judgement against from Midland Funding LIC in the amount of XXXX, XXXX. I appeared in court and sought legal assistance prior to XX/XX/XXXX, and once again I was not provided with the decision of the case until XX/XX/XXXX. During this time from XX/XX/XXXX, I was an essential worker and my employer was not able to give the time I needed to follow up on the case and after that my family and I contracted XXXX and my husband was out of work. Needless to say the garnishment that I was informed that was to occur on XX/XX/XXXX, did not occur until XX/XX/XXXX, when I received my check. I am unable to have a garnishment as I was already threatened by my employer that this garnishment would cost me my job. As stated a second garnishment an employee is not protected and at this point, I am unable to pay my rent and support my XXXX children this is a true hardship to my family and I. I am also confused why Midland Funding LIC is garnishing me on a judgment that I was not serviced and as per the description on the Affirmation in Opposition to Order to show cause the person that was served back on the date that is documented by Midland Funding LIC states on XX/XX/XXXX they served papers to a XXXX-year-old woman and I was born on XX/XX/XXXX, which makes me XXXX as of XXXX. I also can not understand why I was notified of the judge 's decision, on XX/XX/XXXX, during a pandemic, and my employer back on XX/XX/XXXX, threatened to fire me, and the only thing that prevented this was that the garnishment did not go through after XX/XX/XXXX. I am begging that this not occur as I will be unemployed and giving the fact that I am an essential worker the time I have is limited to fight again with my employer and filing an EEO complaint. So, Midland Funding LIC garnishment this time as of XX/XX/XXXX, will be cost me to be unemployed and this is very sad that this is allowed as from the start back on XX/XX/XXXX, I was not served papers, and the fact that I was already told by my employer that they will fire me given the fact that I am not protected, since this is my second garnishment, due to my husband is very unfair. I am trying to keep my families head above water and this is horrible as my kids just started getting their life back to normal that I will be XXXX and XXXX. This is horrible that Midland Funding LIC given the fact that Americans are barely able to survive would have taken a collection to garnish the weak population 's checks is inhuman. Just like I received the judges decision from XX/XX/XXXX, on XX/XX/XXXX, and surviving from XXXX  systems that as of today I have is horrible. The way documentation is exchanged is unlawful from the start of XX/XX/XXXX. As I stated I do not owe this debit ; as per Midland Fundings records states why would payment to account XXXX have a payment made on XX/XX/XXXX {$140.00}, XX/XX/XXXX in the amount of {$30.00}, on XX/XX/XXXX another payment of {$36.00}, on XX/XX/XXXX payment 0f {$35.00} and four years later another payment was made on XX/XX/XXXX for the amount of {$36.00} and XX/XX/XXXX payment amount of XXXX if a garnishment is occurring how did I make payment as per Midland Funding LIC records state I did. Please also note that my paycheck is made out to XXXX XXXX, which is my legal name. Does it appear that Midland Funding LIC can not explain why I am being garnished for an account that it appears as seen in the attachment I made payments to? So, I am very concerning why I am being garnished for an account that payments were made and under the name XXXX XXXX.

Company response to consumer: Closed with explanation