Consumer complaint received 2024-03-19
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. (VA)

In XX/XX/XXXX, I lost my job. As of XX/XX/XXXX, I was unable to continue to pay any of my credit card debts and have made no payments since. My only source of income was from dog walking. 

In XX/XX/XXXX, I was sentenced to serve jail time in a federal prison and a judgement of {$100000.00} in restitution. I was incarcerated from XXXX XXXX-XXXX XXXX and based on my income, my monthly payment to the Department of Justice is {$200.00}. I was told by my defense attorney that the federal debt would always take precedence over any civil debt. 

Apparently on XX/XX/XXXX, while I was in jail, the collection agency ( Midland Credit ManagemenXXXX ) secured a warrant in debt for XXXX XXXX XXXX XXXX XXXX ) in the amount of {$1400.00} which was left on the door of my unoccupied apartment. The actual balance of the credit card was {$900.00} at the time of my last payment. 

The hearing was scheduled for XX/XX/XXXX and because I was incarcerated, I could not dispute the claim or attend a hearing. 

When I was released, I contacted a debt consolidation company but the monthly payment was unaffordable. I had an accumlated debt over {$30000.00} plus the federal restitution and a civil judgement for the same amount as the restitution. 

In XX/XX/XXXX, I was diagnosed with XXXX XXXX and was unable to work ( walking dogs ) for several months. In that time, I received an offer from Midland in the mail to settle the debt dated XX/XX/XXXX, XXXX debt was now {$1700.00}. In addition to the consumer debt, I had a medical debt of {$14000.00}. 

The pet services company I was working for ceased operations because of COVID so I was collecting unemployment and decided the best solution was to declare bankruptcy. 

I applied for assistance in filing for XXXX  XXXX bankruptcy from XXXX XXXX XXXX XXXXXXXX Virginia in XX/XX/XXXX. I made a payment for the filing on XX/XX/XXXX. Because of XXXX, the process was delayed -the courts were hearing limited in person cases. I kept updating my financial information to keep the bankruptcy package current. In XXXX XXXX  XXXX, my attorney put my case on hold and suggested I should consider waiting because my credit card debt would reach the 5 year statute of limitations in 6 months including the debt purchased by Midland. I never contacted them or attempted to resolve the debt because it was my understanding that any contact regarding the debt would impact the XXXX statute of limitations date. 

I had no contact from Midland. I discovered yesterday, XX/XX/XXXX, when I went to buy groceries and my debit card was declined that my account had an adminstrative hold. My bank had no information but gave me a phone number to call. I had no idea who had done this. I called the number. They did not disclose the name of their company but said " this call was an attempt to collect a debt ''. No details.They gave me a case number which I have been unable to locate in the online court case search. 
Apparently, they successfully received a judgement from XXXX XXXX XXXX XXXX XXXX and levied my bank account for {$2200.00}. The women from the collection agency was incredibly rude and told me there was nothing I could do. 

I had no notification of a hearing or judgement. I don't know when the judgement was filed. Now my account is on hold with a negative balance until XX/XX/XXXX when there is a supposed to be a hearing which I also have not been notified of. 

This debt is beyond the 5 year statute of limitations and had I been notified of this hearing, I could have disputed the debt. I have a limited income and a payment of {$2200.00} exceeds my monthly income. 

I am going to contact the court and file a dispute, but this was not handled in an open and honest way and the agents were purposely uninformative except to give me a case number that I can not verify. 

Thank you.