Consumer complaint received 2016-09-29
Company: ENCORE CAPITAL GROUP INC.
State: NY
Product: Debt collection
Sub-product: Credit card
Issue: Cont'd attempts collect debt not owed
Sub-issue: Debt is not mine

Complaint:
I, XXXX XXXX makes a claim against Midland Credit Management , Inc., and the law firm of XXXX XXXX XXXX , XXXX that they have now shown proof that they are using deceptive collection practices to collect on a judgment that was never legally procured. This firm states that a debt was purchased by Midland Credit Management , Inc. in XX/XX/XXXX. It should be known that Midland Credit Management Inc., or MCM was essentially shut out of collection services in the XXXX XXXX boroughs and all of XXXX XXXX for several years for deceptive collection practices. I am filing a claim for damages with the Office of Attorney General in the state of New York against Midland Credit Management , Inc. under separate cover. Upon given notice earlier this year that I had no knowledge of ever being sued for summary judgment by the law offices of XXXX XXXX XXXX, XXXX, I was giving the truth. The current law firm was kind enough to give to me copies of previous letters from this law firm. What they did not submit were copies of these so called summons and complaints mailed to me XX/XX/XXXX and also left at my door. This is an outright fabrication and sending mailed notices or using a tag and nail service is not within strict guidelines under New York CPLR Section 308 ( 4 ). The tag and nail process is usually thrown out of court if challenged. However, I never received such a privilege. Attorney XXXX XXXX through his own words vindicates my position that I was never properly served or given mailed notice in XX/XX/XXXX. This judgment needs to be vacated and barred by legal timeline statute. XXXX XXXX states in the XX/XX/XXXX letter as follows : " On XX/XX/XXXX, service was obtained in strict? Accordance with New York 308 ( 4 ), which allows for the summons and complaint to be affixed to your door and then mailed to your residence. '' NOTE : " He claims that not only did they leaves a copy of the summons and complaint, but that they believed that I lived at that residence. I have no copies of the summons and complaint even though one was previously requested. Only collection letters from the previous law firms were submitted. I believe that no original service was either left at the residence in question or mailed prior to having a default judgment entered against me. '' XXXX XXXX states in the same letter as follows : " On XXXX XXXX, XXXX, we sent you a letter advising you that a judgment had been entered against you ( copy enclosed ), and this letter was not returned by the post office as undeliverable. '' NOTE : " Had a copy been mailed certified and accepted I would have known of such a judgment, but there is no proof that original service was mailed or that a follow up letter was ever mailed as well. I never lived at XXXX XXXX XXXX, XXXX XXXX, NY XXXX. If records are ever checked with the local public utility company of the telephone company, at no time have I ever lived at this address, received my mail at this address, had public =utilities in my name or a telephone service at this address. The law firm has shown no proof that I ever had any connection to this address, and their claim of a mailed notice is hearsay without proper documentation that I had a connection to the property or a certified acceptance of the judgment entered against me. The entire summary judgment procured by the original law firm on behalf of Midland Credit Management , Inc. is a fabrication, period. '' The Attorney General of the state of New York had recently obtained a civil judgment against this company 's parent for {$670000.00} for using such deceptive collection practices. '' This judgment is a violation of my rights under the Fair Debt Collection Practices Act and the judgment in dispute must be vacated immediately.

Company response to consumer: Closed with explanation