Consumer complaint received 2024-08-15
Product: Debt collection — Credit card debt
Issue: Took or threatened to take negative or legal action — Sued you without properly notifying you of lawsuit
Company: ENCORE CAPITAL GROUP INC. (NY)

Formal Complaint AgainsXXXX XXXX XXXX XXXX XXXX, for Violation of Consumer Protection Laws Dear Sir/Madam, XXXX & XXXX XXXX XXXX XXXX me of owing debt with Asset Acceptance XXXX XXXX Bank XXXX I was unaware of this alleged debt, and I didnt have an opportunity to dispute this information, as XXXX XXXX XXXX XXXX never provided me with the proper notification. My first knowledge of this alleged debt was when I received two certified letters from my Sheriffs Department with an Income Execution. This is a direct violation of 15 U.S. Code 1692g ( d ). This was the first time I ever heard of Asset Acceptance & their attorney XXXX XXXX XXXX XXXX. This is a violation of FDCPA guidelines. After seeking legal guidance, I requested the Affidavits, I see there was a judgement filed XX/XX/XXXX. There is a huge gap between them filing the judgement against me back in XXXX without my prior knowledge and now submitting a complaint for Income Execution 16 years later. On XX/XX/XXXX I filed an Order to Show Cause but was denied for an unknown reason. On XX/XX/XXXX I filed a second Order to Show Cause ( XXXX XXXX ) with all attachments proving I was not residing at XXXX XXXX XXXX XXXX XX/XX/XXXX the Judge approved the Order to Show Cause and set a court date for XX/XX/XXXX in which XXXXXXXX XXXX XXXX  XXXX failed to appear. I appeared in court and the Judgement to vacate was granted because I was never served ( See attached Index # - XXXX XXXX ), I am waiting for another court date because I requested the case be restored back to the calendar. I am filing this complaint to save others from going through such a traumatic experience. XXXX XXXX XXXX XXXX violated ( CPLR ) 308, -- -- I was not residing at neither of those addresses they claimed to have served me at ( see attached ) To have my employer involved for no reason is absurd. To date, I have not received anything explaining this debt and said accrued interest fees. I am demanding that they leave me alone. The court papers attached prove that this case is a result of bad service and my rights were violated. I am demanding monetary relief from this matter. I have declared myself a victim in concerns with XXXX XXXX XXXX actions and as mentioned above these violate the FDCPA guidelines concerning collecting with submission of ownership on a time-barred debt. I have missed a good number of hours of work over XXXX months going back and forth to the courthouse paying for requested documents related to this case and parking. I also demand the money that has been garnished to date returned to me immediately and this case further investigated. This alleged debt has never been on my credit report nor was I notified that is charged-off and sold to a debt collector. Attached you will find the Original Order to Show Cause packet ( Exhibit A, 20 pages total ) with all documents submitted to the judge. I also attached a copy of my most recent paystub to show the amount to date paid on such garnishment. ( Exhibit B ) The status of the case showing in fact this judgement is vacated is also attached ( Exhibit C & D ). I also request that the Consumer Financial Protection Bureau impose a remedy of { {$1000.00} } per violation, as provided for Under 15 U.S.C. 1681n, on XXXX XXXX XXXX XXXX to compensate me for the harm caused by these violations. Thank you for your attention to this matter. I look forward to your prompt response.