Consumer complaint received 2018-08-07
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 in a state where you do not live or did not sign for the debt

Complaint:
I am being sued by XXXX XXXX XXXX, telephone ( XXXX ) XXXX on summons, for a credit card debt from XXXX. My XXXX XXXX XXXX account was involuntarily taken over by XXXX. XXXX never approved my balance and sent their first statement in XXXX of XXXX for a payment due of {$2600.00} to bring my account down to their limit of {$2500.00}. I made one payment to XXXX for an " agreed '' amount while they looked into the issue. They then increased the interest rate to the maximum " for the duration '' and started charging late fees on the unpaid amount due. I never activated the card with them nor agreed to their terms or conditions of the credit card nor signed any agreements for the terms of their card. However, my debt was purchased by XXXX XXXX XXXX. Their account number given to me over the phone for this transaction was XXXX. As a senior who's personal information has been stolen from XXXX, City of XXXX and compromised by the federal government, I do not give any personal information over the phone to unknown callers. On XX/XX/XXXX, I was served with a summons filed in XXXX XXXX Superior Court by XXXX XXXX XXXX. After many calls in XXXX, XXXX, to the XXXX number listed in the lawsuit ( many forwarded to XXXX ), I finally was connected to XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX Michigan. I was told by XXXX XXXX XXXX that if I paid the full amount of {$4900.00}, the lawsuit would be dismissed after the money was credited to my account. Before sending, I verified the bank number ( XXXX ) and routing number ( XXXX ) with attorney, XXXX XXXX XXXX XXXX at XXXX XXXX XXXX in XXXX XXXX, who was listed on the Superior Court summons. The money was credited according to another attorney, XXXX XXXX XXXX XXXX at XXXX XXXX XXXX in XXXX XXXX who was also listed on the Superior Court summons. He agreed to file a dismissal. I received, in the USPS mail, a form ( that was not dated or stamped by the court ) to " dismiss this action with prejudice - entire action of all parties and all causes of action '' BUT, '' the court did NOT waive court fees and costs of a party in this case. '' I refused to sign away my right to sue and did not agree to pay court and attorney fees of an unknown amount on an unrecorded declaration of dismissal document with my signature. I HAVE PAID THIS IN FULL with a XXXX XXXX wire transfer on XX/XX/XXXX, and have the document to prove it. I see no reason to go to court unless XXXX thinks they can collect unknown $ amounts from my assets - including my home. This court case is still pending in the Superior Court of XXXX XXXX XXXX County. I am concerned about a judgement to garnish my bank accounts. I am a senior living pay check to pay check. I took a loan to pay the entire {$4900.00} and am now stuck with those payments. I feel that I am being harassed as a single senior woman ( who was recently treated in XXXX, for a XXXX XXXX ) and with no knowledge or understanding of legal issues and no money to hire a lawyer. XXXX knows this and knows I was trying to avoid going to court. Can they get a judgement if I have already paid the full debt? Please help. I have all documentation including bills from XXXX and legal summons. The 30 days for response to the court has passed as I thought XXXX was going to dismiss the case and I did not need to respond to the court. I have called XXXX XXXX and Senior services. I contacted online lawyers for debt collection but received no responses. I have been to the courthouse for documents twice to file a response but was told to contact a lawyer or legal services. What is a person supposed to do to protect themselves from harassment from debt collectors that know exactly how to manipulate the legal system by filing lawsuits in Superior Court ( expensive )? How does a law-abiding, un-educated senior protect their property and bank accounts from debt collectors that know how to use the court system to their advantage? I have all documentation but do not know how to send you these documents. I do not have a printer or fax and have limited knowledge of this laptop computer. My mortgage company, XXXX XXXX, sold my loan to an investor 2 days after I sent the wire transfer to XXXX. I assumed XXXX XXXX did not want to deal with any judgements that might be filed against my home equity. Please help.

Company response to consumer: Closed with explanation