Consumer complaint received 2026-01-06 00:00:00
Product: Debt collection — Credit card debt
Issue: Took or threatened to take negative or legal action — Sued you in a state where you do not live or did not sign for the debt
Company: ENCORE CAPITAL GROUP INC.
State: CA

Complaint narrative:
I am a XXXX permanent resident of XXXX I have never owned property in, or had any substantial contacts with the XXXXXXXX XXXX XXXX 

TIMELINE OF EVENTS : XXXX. THE ALLEGED DEBT ( XXXX ) : The debt originates from a credit card allegedly opened around XXXX My last payment was made on XX/XX/XXXX The debt became time-barred under XXXX XXXX 5-year statute of limitations on XX/XX/XXXX XXXX. THE FRAUDULENT FLORIDA LAWSUIT ( XX/XX/XXXX ) : Without my knowledge, a debt collector filed a lawsuit against me in Florida in XX/XX/XXXX I was NEVER served with this lawsuit The " Return of Service '' filed with the XXXX  court shows fraudulent " sewer service '' : Claims service was made on a XXXX individual at a Florida address I am XXXX XXXX XXXX and have never lived at that Florida address I do not know this XXXX individual and am not related to them Because I was never served, I did not appear in court The Florida court entered a default judgment against me XXXX. DISCOVERY OF THE JUDGMENT ( XX/XX/XXXX ) : I first learned of the Florida lawsuit when my California employerXXXX XXXX XXXXXXXX XXXX XXXX XXXX, presented me with an Earnings Withholding Order ( wage garnishment ) in late XX/XX/XXXX The garnishment was set to begin on XX/XX/XXXX, taking $ XXXX from each paycheck This was my first notice of any legal proceedings against me in Florida XXXX. MY IMMEDIATE ACTIONS ( XX/XX/XXXX ) : On XX/XX/XXXX, I filed a Claim of Exemption and Request for Hearing with the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( Filing # XXXX ) The court informed me they have XXXX days to schedule a hearing However, wage garnishment was scheduled to begin on XX/XX/XXXX, XXXXweeks before any hearing could occur XXXX. THE LEGAL DEFECTS : A. LACK OF JURISDICTION : I am a California resident with no Florida contacts Florida courts have no personal jurisdiction over me The lawsuit should have been filed in California, not Florida XXXX. FRAUDULENT SERVICE : The " Return of Service '' is fraudulent They served the wrong person ( XXXX ) in the wrong state ( Florida ) at the XXXX address This constitutes illegal " sewer service '' XXXX TIME-BARRED DEBT : The debt expired on XX/XX/XXXX, under Florida law ( XXXX XXXX. XXXX ) Filing suit on a time-barred debt violates the Fair Debt Collection Practices Act XXXX VIOLATION OF DUE PROCESS : I was never served with the lawsuit I had no opportunity to present my defenses The default judgment was obtained without proper notice XXXX. CURRENT FINANCIAL HARDSHIP : I am currently homeless/unstably housed in California The wage garnishment will cause immediate, irreparable harm : I earn approximately {$3800.00} per month The garnishment will take {$500.00} per pay period My essential monthly expenses total {$3800.00} ( rent, utilities, food, medication ) After garnishment, I will have {$200.00} SHORTFALL for basic necessities This prevents me from securing stable housing XXXX. PENDING LEGAL ACTIONS : XXXX XXXX ( Emergency ) : Filing this Ex Parte Application for Temporary Stay to prevent garnishment starting XX/XX/XXXX Awaiting hearing on my Claim of Exemption ( filed XX/XX/XXXX ) XXXX XXXX ( Permanent Solution ) : Preparing a Motion to Vacate Default Judgment based on : XXXX. Lack of personal jurisdiction XXXX. Fraudulent service XXXX. Time-barred debt Will file this motion immediately upon obtaining emergency relief in California XXXX XXXX FDCPA VIOLATIONS : The debt collector has violated multiple provisions of the Fair Debt Collection Practices Act : XXXX. 15 U.S.C. 1692e : False representation of legal status of debt XXXX. 15 U.S.C. 1692e ( 5 ) : Threat to take action that can not legally be taken XXXX. 15 U.S.C. 1692f : Unfair or unconscionable collection methods XXXX. XXXX XXXXXXXX XXXX violations

Company response to consumer: Closed with non-monetary relief