Consumer complaint received 2021-12-24
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)

Recently, I had the misfortune of finding that a group of Debt Collectors obtained a lawsuit against me without ever properly serving me. Not only was there not proper service, the misrepresentation of whom they are, what they can do, what actions they can truly take has been grossly inflated to try and strike fear in Consumers. 

They have falsely put dollar figures in that do not apply to me. There is no clear chain of representation of companies that have had this debt or the original creditor. 

We are also a Military family and them not taking proper methods to serve legal papers, deceptively file with the Civil Court and blatantly take action they can not legally take is beyond harassment and abuse. They are Junk Collectors using brut tactics. 

The simple fact that in their own Summons, represent that they are Attorneys with one set of NY DCA license numbers and then on the Complaint page present as DEBT COLLECTORS with different NYC DCA License numbers. 

806. Harassment or abuse A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. 

( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader ( 5 ) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. 
( 6 ) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the callers identity. 

807. False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. 

( 2 ) The false representation of ( A ) the character, amount, or legal status of any debt; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. 

( 3 ) The false representation or implication that any individual is an attorney or that any communication is from an attorney. 

( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. 

( 9 ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. 

( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. 

( 11 ) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. 

( 12 ) The false representation or implication that accounts have been turned over to innocent purchasers for value. 

807 15 USC 1692e ( 13 ) The false representation or implication that documents are legal process. 

( 14 ) The use of any business, company, or organization name other than the true name of the debt collectors business, company, or organization. 

808. Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 6 ) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property; or ( 8 ) Using any language or symbol, other than the debt collector 's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business. 

809. Validation of debts ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such 809 15 USC 1692g verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. 

( c ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. 

( d ) Legal pleadings A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection ( a ) 812. Furnishing certain deceptive forms ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. 

( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter. 

813. Civil liability ( a ) Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; ( 3 ) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorneys fee as determined by the court. 
On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney 's fees reasonable in relation to the work expended and costs. 

( b ) Factors considered by court In determining the amount of liability in any action under subsection ( a ) of this section, the court shall consider, among other relevant factors ( 1 ) in any individual action under subsection ( a ) ( 2 ) ( A ) of this section, the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional Intimidation on this level, threats of this magnitude should not be acceptable. They managed to violate every section I listed above by trying to get a judgement for a debt that they have not proven I owe, that the person who filed is actually able to do so and operating using a license on their court papers that is NOT covered.. There is no proof of service and they need to be held accountable for their actions.