Consumer complaint received 2020-01-17
Company: ENCORE CAPITAL GROUP INC.
State: GA
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
On XX/XX/XXXX, Midland Funding LLC through and by their attorney brought suit against me in the Magistrate Court of County GA for the amount of {$700.00} plus cost of court. 

On XX/XX/XXXX, the matter was tried in the same court. After all testimony and evidence was heard the court found in favor of Plaintiff ( Midland ) in the amount of {$260.00} plus cost of Court in the amount of {$100.00} for a total judgment of {$360.00}. In addition the court denied Midlands request for post judgment interest as they were unable to provide a valid enforceable contract or agreement. 

On or about XX/XX/XXXX, The attorney office of XXXX, XXXX XXXX XXXX XXXX, on behalf of their client ( Midland ) did have my employer served with a Summons of Continuing Garnishment for the judgment amount of {$360.00} plus an additional cost of {$260.00} for cost of Summons of Continuing Garnishment for a total amount to be wage garnished in the amount of {$620.00}. Attached to the Summons of Garnishment was also Affidavit of Continuing Garnishment. Both are attached. 

On my XX/XX/XXXX pay check {$590.00} was withheld for payment of the Garnishment. Copy attached On my XX/XX/XXXX pay check the balance of {$34.00} was withheld for the total amount of {$620.00} paid in full. Copy attached. 

This judgment is now paid in full. 

On XX/XX/XXXX, I contacted XXXX, XXXX XXXX XXXX at the phone number listed on the court filings ( XXXX ). After providing XXXX, XXXX and XXXX their aph fILE No. and verifying my identity, I explained I was calling to inquire why I had not received my paid in full letter and as to why the Satisfaction of Judgment/Lien release had not been filed or received by me or the court. It was at this point I was informed that there was still an outstanding balance on this account in the amount of {$540.00}. This amount seems to represent the full amount that they sued for and not the correct amount of the actual judgment that was determined to be owed by the Court. I was informed that until these monies were paid that this debt was not satisfied and that it still had a amount they wanted to be paid. Told me I should contact Midland for further questions and all they can do is open a dispute. I requested that I be contacted before end of day by someone who could help resolve this issue, As of this date I have not been contacted or assisted in any manner. 

This company is of no help, they will not update their records to show this debt is paid in full and have not released the Lien with the Courts as required to do upon Satisfaction of this Judgment. They are attempting to collect an amount they are not entitled to and misrepresent the debt as still being due and owing in violation the Fair Debt Collection Practice Act and in violation of Georgia State Law. 

In addition, immediately after speaking with this company I contacted their client, Midland Funding.I immediately spoke with Midland Credit Management, explained the above conversation I had just finished with their agent/attorney office and asked for them to adjust their records to show that this account is paid in full. Midland rep then again told me that this debt was not paid and that the outstanding balance needed to be paid. I again explained to them that they are trying to collect the wrong amount, that the amount they sued for was NOT the amount that was determined I owed and that this debt is paid in full. They stated they would open a dispute but until then there was nothing else they could do. I asked for someone to contact me by the end of the day in order to resolve this matter. As of this writing as usual I have had no response to this matter. 

In addition, I again explained to them ( Midland ) that they continue to report this information to the Credit Reporting Agencies and that just as my previous disputes with them about this matter and in spite of knowing the information is incorrect they continue to report to all Credit Bureaus that this account is in collections, due and owing and showing a wrong amount owed. They have continued to update this information each and every month since XXXX even though they have been told on multiple occassions and through Credit Bureau disputes that the information they are reporting is wrong. 

Their policy stated on their website and public record is that once this account is paid in full that it will be removed/deleted from all credit reporting agencies. However they have failed to remove this inaccurate, false and misleading information and in fact despite my disputes to owing any debt and their continued reporting updated the inaccurate information 3 days after speaking with me in order to intentionally damage my credit and an attempt to extorate monies not owed to them. Copy of credit reporting attached, one will show that this item has previously been disputed by the notation and date of reporting of the information and the other will show that they updated on XX/XX/XXXX after my call of XX/XX/XXXX and yet again updated the false information. 

They are attempting to collect an amount they are not entitled to and misrepresent the debt as still being due and owing in violation the Fair Debt Collection Practice Act, The Fair Credit Reporting Act and in violation of Georgia State Law. 

PLEASE NOTE THAT AFTER MANY ATTEMPTS TO COMPRESS UNSUCCESSFULLY THAT MY FILES ARE OVER THE ALLOWED LIMIT SO I AM UNABLE TO UPLOAD, BUT CAN BE SEND ANOTHER MANNER IF NEEDED.

Company response to consumer: Closed with non-monetary relief