Consumer complaint received 2025-07-28 00:00:00
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.
State: AL

Complaint narrative:
From : XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Alabama XXXX [ Zip Exempt ] Passport Card # : XXXX Email : XXXX To : Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX Subject : Formal Complaint Against Midland Credit Management , Inc. 
Violation of CFPB Consent Order ( XXXX ) & FDCPA Account No. : XXXX ( MCM No. XXXX ) Case No. : XXXX XXXX XXXX, Alabama XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX of the United States of America under 8 U.S.C. 1101 ( a ) ( 21 ) and a Private, XXXX. Person, stand in honor, in equity, and under divine conscience. As a living woman of XXXX and lawful entitlement holder, I submit this formal complaint and demand for enforcement action against Midland Credit Management , Inc. for engaging in unlawful debt collection practices, including deceptive litigation conduct, failure to validate a debt, and violations of a binding CFPB Consent Order. I assert all rights secured by natural law, federal law, and constitutional protections. I bring this matter to the Consumer Financial Protection Bureau for immediate review and remedy. 

Background : On or around XX/XX/XXXX, Midland Credit Management , Inc. ( MCM ) filed a lawsuit against me in XXXX XXXX, Alabama, claiming I owe a debt originally issued by XXXX XXXX XXXX I was not properly served, and the only reason I discovered the case was due to a promotional letter from a law firm mentioning a lawsuit had been filed against me when I checked my post office box, so I went to clerk office to check Upon checking the public records at the clerk office in XXXX XXXX alabama and confirming the case, I immediately filed a Notice of Response as soon as I could on XX/XX/XXXX, which was the XXXX day window within the proper time to preserve my rights. 

As of the date of this filing XX/XX/XXXX Midland Credit Management claims remain open in dispute. 

On Saturday, XX/XX/XXXX, I checked my business XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX in XXXX, Alabama, and discovered an attempted but failed delivery notice of a letter from XXXX XXXX XXXX, because the post office was closed at the time, I was unable to retrieve or review the contents of the letter that was attempted for delivery. I have attached paper below to show contents have not been received at this time of posting this to the cfpb portal.

I reserve the right to supplement this complaint with any additional evidence, facts, or legal updates as they become available. Nothing in any post-dated response by Midland shall be deemed to cure the ongoing violations unless full statutory validation is provided in strict compliance with : 15 U.S.C. 1692g ( b ) of the FDCPA, the binding terms of CFPB Consent Order 2015-CFPB-0021, and all other applicable state and federal laws.

This reservation is made explicitly to preserve all rights and claims as of the date of this submission.

This notice serves as further complaint, dispute and request for validation under : 15 U.S.C. 1692g ( b ) FDCPA including ( f through k ) 12 CFR
201.3 ( a ) ( 2 ), ( d ) 31 CFR 362.1 CFPB Consent Order 2015-CFPB-0021 Despite clear statutory obligations and the enforcement terms of the CFPB Consent Order, Midland Credit Management initiated litigation against me without providing any validation documents alongside the court summons. 

Midland and its agents act in reliance on consumer ignorance, often taking actions that violate legal and ethical standards. most consumers do not know their rights and unfortunately, that is often true. But I stand on both the law and the truth of XXXX. For those of us who walk in knowledge and faith, deception has no power. As it is written, My people are destroyed for lack of knowledge ( XXXX XXXX ). I invoke both my lawful protections and my divine inheritance in submitting this complaint. 
I proceed in good faith, supported by my spiritual convictions and the rule of law. 

To continue, the same alleged debt had previously been removed from my credit report following an unrelated action in which another law firm attempted to collect this debt but failed to establish proper jurisdiction. The debt has now been reinserted by Midland and their agents without valid basis or notice, causing further damage to my credit report and financial standing. 

I have attached the contents for previous court case XXXX of the first debt collector attempting to collect this debt in care of XXXX XXXX 



Violations of Law : Acknowledging Midland Credit Management is currently under an enforceable CFPB Consent Order ( Case No. 2015-CFPB-0021 ), which includes : Respondents shall have and produce all original account documentation necessary to prove the debt before initiating litigation Enforceable federal order under Dodd-Frank Act Quote ( Section III ( 2 ) ) : Section III ( 2 ), Page 8 Despite this, Midland : Filed a lawsuit without required account-level documentation.

Submitted affidavits based on electronic records without personal knowledge.

Reinserted the alleged debt into my credit report after it was previously removed.

This is a direct violation of : FDCPA 1692g ( b ) FDCPA 1692e ( 10 ) Deceptive practices FDCPA 1692f Unfair and unconscionable practices FCRA 1681n / 1681o Willful or negligent misreporting CFPB Consent Order Sections III ( 1 ), III ( 2 ), III ( 5 ), and III ( 6 ) Midland Credit Management possibly may have violated the FDCPA, including but not limited to sections : 1692c ( communication restrictions ), 1692d ( harassment ), 1692e ( false or deceptive practices ), 1692k ( civil penalties ) Whether or not I disputed the alleged debt prior to litigation is immaterial. MCMs obligation under the 2015 CFPB Consent Order remains. They must possess and produce original account-level documentation prior to initiating a lawsuit, & upon dispute. In my case, they failed to provide with their litigation request : A signed credit agreement or contract, A complete chain of title from the original creditor ( XXXX XXXX ), Valid affidavits made by persons with actual knowledge of the account. 

Therefore, until proven otherwise their actions are a violation of federal oversight and due process protections.

Given that original creditors often dispose of the original credit application and promissory note after 30 days, it is highly unlikely that Midland & its agents possess the necessary documents to validate this debt under federal law ; 15 USC 1692g ( b ).

This position is supported by controlling case law and federal regulation : 1. Clark v. Capital Credit & Collection Servs., Inc. , 460 F.3d 1162 ( 9th Cir. XXXX ) Principle : Debt collectors may violate the FDCPA by misrepresenting the character or legal status of a debt.

Application : Filing suit without full documentation of ownership or liability can be construed as a misrepresentation under 15 U.S.C. 1692e.

2. McCollough v. Johnson, Rodenburg & Lauinger, LLC, 637 F.3d 939 ( 9th Cir. XXXX ) Facts : A law firm filed a debt collection lawsuit without sufficient supporting documentation.

Ruling : The court held that filing suit without proper investigation or documentation, especially where debt ownership was unclear, can violate FDCPA provisions under 1692e ( false or misleading representations ) and 1692f ( unfair practices ).

Quote : Filing suit without adequate investigation or documentation can amount to harassment or abuse. 



3. Heintz v. Jenkins, 514 U.S. 291 ( XXXX ) Holding : The FDCPA applies to attorneys who regularly engage in consumer debt collection litigation.

Application : Even when a law firm represents MCM in court, their actions must still conform to the FDCPA, including ensuring proper documentation exists before initiating litigation.

4. Spears v. Brennan, 745 N.E.2d 862 ( Ind. Ct. App. XXXX ) Facts : A debt buyer initiated legal action without possessing meaningful proof of the alleged debt.

Holding : The court found that suing without competent evidence of ownership and liability could violate consumer protections and due process rights.

Quote : A debt buyer must provide competent evidence mere spreadsheets or summaries are insufficient.

Due Process Concerns : When a debt buyer like MCM initiates litigation without authentic, account-level documentation : The defendant is deprived of a meaningful opportunity to challenge the validity or accuracy of the alleged debt, and Such actions violate constitutional due process protections, especially when resulting in default judgments based on inaccurate, incomplete, or unverifiable information. 



Legal Position & Support It is well-established that a debt collector must possess and be able to produce original, account-level documentation establishing both the validity of the debt and the chain of title. Filing litigation absent such evidence constitutes deceptive and unfair practices under the Fair Debt Collection Practices Act ( 15 U.S.C. 1692e, 1692f ), and is a direct violation of due process. This conclusion is supported by multiple federal rulings, state precedent, and the 2015 CFPB Consent Order issued against Midland Credit Management ( 2015-CFPB-0021 ), which explicitly prohibits such practices.

Deceptive Representation : Midland and their attorney falsely implied I had lost the right to dispute the debt because I allegedly failed to respond within 30 days of an unknown notice. This is legally incorrect and intentionally misleading.

Under 15 U.S.C. 1692g ( b ) : Consumers can dispute a debt at any time.

Collection activity and litigation must cease until the debt is validated regardless of when the dispute is made.

This misrepresentation violates the FDCPA and the CFPB Consent Order, and also misled the XXXX XXXX XXXX. 




Demands for Validation Still Stand : This letter also acts as a formal dispute and renewed notice to Midland Credit Management and their agents.

Although I previously gave Midland Credit Management one ( 1 ) business day to produce full validation in my Notice of Response submitted on XX/XX/XXXX, this filing with the CFPB shall serve as a final opportunity to comply. I now grant an additional 1 business day from receipt of this notice to provide full account-level documentation in accordance with the FDCPA and CFPB Consent Order 2015-CFPB-0021. Failure to do so will constitute continued violation and bad faith, warranting full enforcement and relief.

Given Midlands experience as a seasoned debt buyer and their order by the cfpb to have these documents before ligitation, they are expected to possess : Original signed agreement or promissory note Full security agreement Full chain of assignment from XXXX XXXX to Midland Itemized account breakdown Sworn affidavit by someone with personal knowledge Any failure to produce this documentation renders the debt invalid and uncollectible, and all litigation and collection efforts must cease immediately, including credit reporting. 



Harm & Damages : Due to Midlands unlawful actions, I have experienced : Damage to my credit report Financial harm ( denial of credit and increased borrowing costs ) Emotional distress Time and expense defending myself in court without proper evidence Claim for Damages : Under federal law, I am seeking the following : FDCPA Statutory Damages {$1000.00} 3 violations = {$3000.00} FCRA Statutory Damages {$1000.00} for unlawful reporting Actual Damages {$9000.00} for credit denials, stress, lost opportunity Punitive Damages To be determined based on severity and continued misconduct Total Damages Claimed to Date : {$13000.00} ( plus punitive to be added if further violations continue ) Requested Relief : I request the CFPB : 1. Investigate Midland Credit Management for violation of CFPB Consent Order 2015-CFPB-0021 2. Order Midland to immediately withdraw the XXXX XXXX lawsuit 3. Cease all collection efforts and credit reporting 4. Secure full compensation as outlined above or refer for civil enforcement Reservation of Rights : I reserve the right to supplement this complaint with additional evidence or legal updates as they become available. 



Midland & its agents/attorneys is required to rebut & answer to this letter, which serves as an affidavit, point by point, addressing and proving every demand in full, with no omissions or inaccuracies. Partial documentation, such as a copy of a contract, vague debt breakdowns, or incomplete chains of assignment, will not suffice. To validate this debt, their response must include the original promissory note, a complete security agreement, and an unbroken chain of assignment from the original creditor to your entity, all supported by a sworn/affirmed affidavit or declaration under penalty of perjury with a notary or pursuant to 28 USC 1746 ( 1 ). Any failure to fully meet these requirements, such as offering settlements, relying on generic right-to-collect statements, or asserting Holder in Due Course status without supporting documentation will result in the dismissal of the alleged debt and {$13000.00} in statutory and actual damages. Failure to rebut any of the points asserted herein will be deemed as an admission of the validity of my demands and claims, providing further evidence in support of my entitlement to statutory and actual damages.

Declaration of Status Disclosure and Request for Fairness in Law As evidenced by my U.S. Department of Stateissued Passport Card No. C36221938, I am a XXXX national under 8 U.S.C. 1101 ( a ) ( 21 ) and a private American National. I assert my lawful entitlement to be free from unlawful or deceptive debt collection practices. I respectfully request that this dispute be evaluated fairly, under constitutional and consumer protection standards. This declaration is made & submitted in good faith, with clean hands, and without waiver of any rights.

Declaration : This document has been electronically signed in accordance with the E-Sign Act, codified in 15 U.S.C. 7001, and is legally binding I declare under penalty of perjury under the laws of the united states of America ( without the United States ) and pursuant to 28 U.S.C. 1746 ( 1 ), supported by Public Law 94-550, that the above is true and correct to the best of my knowledge and belief. This letter shall serve as admissible evidence under FRE 902 ( 10 ) and is made in honor, equity, and clean hands.

Respectfully submitted, XXXX XXXX XXXX Entitlement Holder / Respondent Date : XX/XX/XXXX Email : XXXX, Signature :.,, See supporting documentation below XXXX. ) Midland Credit Summons in XXXX XXXX XXXX not properly delivered to Me, But Retrieved From XXXX XXXX Clerk Office -No Attachment of Any lawful Validation to sue for a debt 2. ) Notice Of Response to Midland summons by XXXX XXXX XXXX -Time stamped & acceptance of notice of response by XXXX XXXX XXXX XXXX. ) Law Firm Promotion letter Notifying me of Law Suit 3. ) Letter of Notice of Failed delivery from XXXX XXXX court on XXXX XXXX - XXXX will submit updates upon receipt of letter XXXX. ) Court judgement in XXXX with case number XXXX Ruled in my favor for wrong jurisdiction in XXXX XXXX Alabama -Debt collector previous attempt to sue For any further communication can be reached at by businesses address on letter, email directly or through cfpb portal.

Thank you for your attention to this matter.

In honor & good faith.

Company response to consumer: Closed with non-monetary relief