Consumer complaint received 2025-03-25 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: AK

Complaint narrative:
MCM - Midland Credit Management Improper Service, Perjury, & Corruption ( Georgia ) I have already filed a Judicial Qualifications Complaint ( see attached ) against the judge on this matter and will continue to escalate complaints to the appropriate state and federal authorities for all those involved in this illegal debt collection attempt, abuse of the legal system, and the repeated violations of my constitutional rights. Congress made clear in the Fair Debt Collection Practices Act that debt collectors must tell the truth to consumers. It also empowered consumers to act when debt collectors break the law.

In civil cases, collusion involves parties secretly agreeing to a specific outcome or manipulating the legal process for an unfair advantage, often to defraud others or obtain an illegal objective.Civil conspiracy is a related concept, where parties agree to commit a wrongful act, such as fraud or deceit, to harm a third party.Collusion is when two or more parties secretly agree to defraud a third-party ( the defendant in this matter ) of their rights or accomplish an illegal purpose.

Details and relevant statutes herein.

Georgias Rule of Professional Conduct indicate ( you will be DEPOSED ) : RULE 8.4 MISCONDUCT * It shall be a violation of the Georgia Rules of Professional Conduct for a lawyer to : * violate or knowingly attempt to violate the Georgia Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another; * be convicted of a felony; * be convicted of a misdemeanor involving moral turpitude where the underlying conduct relates to the lawyer 's fitness to practice law ; * engage in professional conduct involving dishonesty, fraud, deceit or misrepresentation; * fail to pay any final judgment or rule absolute rendered against such lawyer for money collected by him or her as a lawyer within ten days after the time appointed in the order or judgment; * state an ability to influence improperly a government agency or official by means that violate the Georgia Rules of Professional Conduct or other law ; * state an ability to achieve results by means that violate the Georgia Rules of Professional Conduct or other law ; * achieve results by means that violate the Georgia Rules of Professional Conduct or other law ; * knowingly assist a judge or judicial officer in conduct that is a violation of applicable Rules of judicial conduct or other law ; or * commit a criminal act that relates to the lawyer 's fitness to practice law or reflects adversely on the lawyer 's honesty, trustworthiness or fitness as a lawyer, where the lawyer has admitted in XXXX, the commission of such act. 

RULE XXXX MERITORIOUS CLAIMS AND CONTENTIONS In the representation of a client, a lawyer shall not : * file a suit, assert a position, conduct a defense, delay a trial, or take other action on behalf of the client when the lawyer knows or when it is obvious that such action would serve merely to harass or maliciously injure another ; * knowingly advance a claim or defense that is unwarranted under existing law, except that the lawyer may advance such claim or defense if it can be supported by good faith argument for an extension, modification or reversal of existing law.

The maximum penalty for a violation of this rule is a public reprimand.

4 ] A lawyer should use the law 's procedures only for legitimate purposes and not to harass or intimidate others. A lawyer should demonstrate respect for the law, the legal system and for those who serve it, including judges, other lawyers and public officials. While it is a lawyer 's duty, when necessary, to challenge the rectitude of official action, it is also a lawyer 's duty to uphold legal process.

[ 11 ] The legal profession 's relative autonomy carries with it special responsibilities of self-government. The profession has a responsibility to assure that its regulations are conceived in the public interest and not in furtherance of parochial or self-interested concerns of the bar. Every lawyer is responsible for observance of the Georgia Rules of Professional Conduct. A lawyer should also aid in securing their observance by other lawyers. Neglect of these responsibilities compromises the independence of the profession and the public interest which it serves. [ 12 ] The fulfillment of a lawyer 's professional responsibility role requires an understanding by them of their relationship to our legal system. The Georgia Rules of Professional Conduct, when properly applied, serve to define that relationship.

RULE 1.1 COMPETENCE A lawyer shall provide competent representation to a client. Competent representation as used in this rule means that a lawyer shall not handle a matter which the lawyer knows or should know to be beyond the lawyer 's level of competence without associating another lawyer who the original lawyer reasonably believes to be competent to handle the matter in question. Competence requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.

Thoroughness and Preparation [ 5 ] Competent handling of a particular matter includes inquiry into and analysis of the factual and legal elements of the problem, and use of methods and procedures meeting the standards of competent practitioners. It also includes adequate preparation. The required attention and preparation are determined in part by what is at stake ; major litigation and complex transactions ordinarily require more elaborate treatment than matters of lesser consequence.

4:11. Communications with Unrepresented Persons Rule of Professional Conduct 4.3 provides that : * In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not : * State or imply that the lawyer is disinterested ; when the lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyers role in the matter, the lawyer shall make reasonable efforts to correct the misunderstanding ; Its possible for debt buyers to face XXXX charges if their debt collection practices constitute a pattern of racketeering activity or unlawful debt collection related to an " enterprise ''. 

* Proving a XXXX Violation : To successfully prosecute a XXXX case against a debt buyer, the government must prove that their actions constitute a pattern of racketeering activity connected to an enterprise. 
* Civil XXXX Actions : Individuals can also bring civil XXXX lawsuits against debt XXXX if they believe their practices violate XXXX laws. 

The XXXX statute expressly states that it is unlawful for any person to conspire to violate any of the subsections of 18 U.S.C.A. 1962. The government need not prove that the defendant agreed with every other conspirator, knew all of the other conspirators, or had full knowledge of all the details of the conspiracy. XXXX, XXXX XXXX XXXX. at XXXX. All that must be shown is : ( XXXX ) that the defendant agreed to commit the substantive racketeering offense through agreeing to participate in XXXX racketeering acts ; ( XXXX ) that he knew the general status of the conspiracy; and ( XXXX ) that he knew the conspiracy extended beyond his individual role. UXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 

Government racketeering, often investigated under the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ), involves a pattern of illegal activities, like bribery, fraud, or extortion, used to gain or maintain control of an enterprise, including government entities.WXXXX XXXX XXXX Racketeering is not limited to traditional criminal organizations. Individuals involved in corporate fraud, embezzlement, insider trading, and other white-collar crimes can also be charged with racketeering. The XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ) can be applied to cases of government corruption, providing a potent legal tool to combat organized criminal enterprises involved in corrupt activities within government institutions. Government corruption encompasses various offenses, such as bribery, extortion, embezzlement, and abuse of power. Heres how XXXX XXXX apply to government corruption : Enterprise Involvement. XXXX targets individuals or entities involved in an enterprise, which, in the context of government corruption, can refer to criminal organizations or networks operating within government institutions. The enterprise XXXX involve public officials, law enforcement personnel, or individuals working in collaboration with corrupt government officials. 

Debt buyers ( or debt XXXX ) must prove they own the debt and are legally entitled to collect it, which often includes providing a copy of the original contract or credit agreement. 

* Proving Ownership : When a debt buyer sues you, they must demonstrate they are the rightful owner of the debt they are trying to collect. 
* Required Documentation : This typically involves providing evidence of the debt 's transfer from the original creditor ( e.g., a bill of sale, an assignment, or a receipt ). 
* Original Contract/Agreement : A key piece of evidence is a copy of the original written agreement ( like a loan note or credit card agreement ) that you signed, which proves the debt 's existence and terms. 
* Why Debt Buyers May Resist : Some debt buyers might be hesitant to provide the purchase agreement from the original creditor, as it might contain clauses stating the original creditor makes no representations about the accuracy of the debt information.

* Debt Validation : If you dispute the debt, the debt collector must provide you with " validation information, '' which includes details about the debt, the original creditor, and the balance owed.

* Dispute Process : If you dispute the debt, you should notify the debt collector in writing within 30 days, and they must stop collection efforts until they provide verification or a copy of a judgment. 

I have suffered XXXX XXXX XXXXXXXX and significant lack of sleep due to their unethical business practices and intimidation tactics and will consult a lawyer for a counter lawsuit and call for an investigation into SUSPECTED COLLUSION AND RACKETEERING should Midland not IMMEDIATELY submit the appropriate legal documentation/motion to the appropriate court ( s ) to dismiss/vacate this default judgement and dismiss/vacate any claims for financial compensation or interest immediately. I further demand that they cease and desist ALL collections and communication attempts immediately. Per CFPB, A debt collector is also not allowed to harass, oppress, or abuse you or anyone else they contact. This includes repetitious phone calls with the intent to harass, use of obscene or profane language, and threats of violence or harm.

MCM is in direct violation of the SCAM Debt Act which : Improve transparency by requiring debt collectors to provide consumers an itemization, including information like the name of the original creditor, the account number of the debt, the amount owed, total fees charged on the debt, and the most recent date of default. ( This info has not been provided, documents have been manufactured and proven falsified, and they have been grossly inconsistent ) Guarantee consumers would be able to dispute the debt in the contact method of their choosing, expanding opportunities to exercise their FDCPA rights. ( In my CFPB complaints I specifically requested to dispute via that platform, but they refused and alternatively sued me despite having several an open complaints and disputes ) Define legal action to make sure consumers are also protected in arbitration, enforcement of security interests, garnishment, liens, and mediation. ( This was not defined nor provided ) Expand the requirements that debt collectors must meet to take legal action, including : o providing 30-day written notice of the intent to take legal action, ( This was not defined nor provided ) o proving the consumer agreed to the contact, ( This was not defined nor provided ) o guaranteeing that debt buyers have verifiable information when they go to collect ; and, ( This was not defined nor provided ) o restricting the practices of lawsuit mills by requiring collectors to submit sworn statements of their personal review of relevant documents. ( This was not submitted with the lawsuit nor provided ) Fair Debt Collection Practices Act prohibits debt collectors from making false statements. Importantly, people can sue debt collectors who break the law by lying or providing wrong information. I have repeatedly raised concerns about this debt buyer submitting doctored and fraudulent contracts as proof of this alleged debt. 

No XXXX to XXXX : XXXX '' means a person or business has a legal interest in a case. In collection suits, it means a debt buyer must prove that it legally owns your debt. Because the debt buyer didn't enter into a contract with me, it can only meet the standing requirement by demonstrating that the original creditor sold or assigned the debt to it. Many courts require that the debt buyer produce documents showing the assignment or purchase of the debt which they have NOT provided and I requested this since as early as XX/XX/XXXX ( see attached ). 

Furthermore, I have not been afforded rights outlined in the publicly available XXXX agreements for the alleged original creditor as they state : XXXX well-established Georgia law XXXX without proper service or a valid waiver of service, the court does not have jurisdiction over the defendant. See XXXX v. XXXX, XXXX XXXX XXXX, XXXX ( XXXX ). 

A fundamental requirement of due process of law is notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of an action and afford them an opportunity to present their objections.The notice must reasonably convey the required informationand must afford a reasonable time for those interested to make their appearance. ( Mullane v. XXXX XXXX Bank, XXXX XXXX XXXX ( XXXX ) ). 

Pursuant O.C.G.A. XXXX, to properly serve a defendant, a plaintiff must comply with O.C.G.A. XXXX, XXXX law governing service of process. Importantly, Georgia requires personal service on a defendant mailing a copy of the lawsuit to the defendant is insufficient. This defendant and this court also did not properly serve or mail me notices to appear in court in XXXX despite being made aware in XXXX that they had and continued to use the INCORRECT ADDRESS. They have thus violated several rights afforded by the constitution by committing perjury on record and leading the judge to believe that proper service was provided in this case which it was NOT. 
This is a violation of my constitutional rights which indicate : * The XXXX aims to establish justice and secure liberty, which are fundamental principles of a free and just society. 
* Right to a XXXX and XXXX XXXX : This ensures that trials are conducted promptly and openly, preventing lengthy delays and ensuring transparency in the legal process. 
* Right to an Impartial Jury : The accused has the right to be tried by a jury that is unbiased and representative of the community. 
* Right to be Informed of the XXXX and Cause of the Accusation : This means the defendant must understand the charges against them and have sufficient information to prepare a defense. 
* Right to Confront Witnesses : The defendant has the right to face and question the witnesses who testify against them. 
* Right to Compulsory Process for Obtaining Witnesses : The defendant can compel witnesses to appear in court and testify on their behalf. 
* Right to Assistance of Counsel : The defendant has the right to legal representation, including the right to an appointed attorney if they can not afford one.

* Rule of Law : The principle of the rule of law ensures that everyone, including government officials, is subject to the law and that laws are applied fairly and consistently.The attorneys for the Plaintiff committed perjury on several instances in this matter whereas XXXX defines perjury as XXXX Georgia, perjury, or lying under oath, is a serious crime with potential penalties including fines and imprisonment, with harsher penalties if the perjury causes harm, such as imprisonment or death. 
* Here 's a more detailed explanation : Perjury occurs when someone knowingly and willfully makes a false statement under oath in a legal proceeding. This can happen during a trial, deposition, or any other legal proceeding where a person is under oath.

* They did NOT properly serve me at any point in the last 3+ years though they inform the judge in XXXX  that I have been served on multiple occasions. 

As outlined in my original CFPB complaints, the XXXX engaged in illegal debt collection practices and should be investigated thoroughly as they : * Falsely claiming to be attorneys or government representatives : They can not impersonate legal or government officials. ( They did this prior to filing the lawsuit in XXXX ) * Misrepresenting the amount of the debt or its judicial status : They can not misrepresent the amount owed or the status of the debt. ( My complaints clearly indicated many discrepancies in their claims which were never addressed prior to the lawsuit. 
* Trying to collect more than the original amount : They can not try to collect more than the amount originally agreed upon. 
* Communicating with third parties about the debt without your consent : They can not discuss your debt with third parties without your permission. 

On XX/XX/XXXX I filed a Motion to Dismiss ( Case Number XXXX ) after submitting several Consumer Finance Protection Bureau complaints for over a year for a fraudulent debt collection claim ( by MCM ) along with evidence and multiple related statutes. The most significant mention was that XXXX XXXX let alone any Georgia courthouse DOES NOT have jurisdiction over me due to such matters. In this motion I clearly indicated that the XXXX was and continued to INTENTIONALLY utilize the incorrect address to continue their fraudulent case in that court ( essentially never serving me but apparently continuing to mail items to the same incorrect address that they were informed on numerous occasions even prior to filing a lawsuit against me ), but the judge refused to acknowledge any of this, believed their lies ( on record ) that they were " serving me '' lawfully, and XXXX allowed them to lie on record having made no actual attempts to lawfully address these concerns and patterns of deceit. 

I was a victim of a XXXX XXXX XXXX XXXX  XXXXXXXX and have not been in the state for several years due to this instance, XXXX XXXX XXXX XXXX, and due to the harassment and intimidation that I endured by law enforcement and due to the perpetrator. I submitted several complaints against law enforcement and legal officials in Georgia for their obstruction of justice and it seems this order ( as Judge XXXX granted a Motion for Default Judgement on XX/XX/XXXX ) despite the facts of this case, and Georgia XXXX outlined in my Motion to Dismiss is a form of retaliation for me reporting a GA STATE PROSECUTOR EMPLOYEE, XXXX XXXX, for drugging me and raping me XX/XX/XXXX. 

A prosecutor has the responsibility of a minister of justice and not simply that of an advocate. This responsibility carries with it specific obligations to see that the defendant is accorded procedural justice and that guilt is decided upon the basis of sufficient evidence. 

XXXX had absolutely no lawful or ethical reason to continue to consider let alone XXXX a default judgment in this case as again, my motion to dismiss was sufficient, but their court refused to respond to it to this date and theyve only elected to acknowledge the Plaintiff. 

This is grossly unethical and a violation of my civil and constitutional rights and a form of harassment and intimidation and RACKETEERING. It is believed that this debt collector continued to pursue this case in Georgia with both the court and this plaintiff intentionally using the the incorrect address because the statutes of limitations already expired in my actual state of residence, concerns of collusion due to their discussions with XXXX parties that have nothing to do with me or my personal finances which THEY CAN ALL BE DEPOSED TO REVEAL who and what correspondence has taken place unethically and unlawfully off record. However, XXXX ignored all of the facts of this case and the relevant conditions to issue a default judgement and again I believe this was done maliciously and unethically by both parties.

Company response to consumer: Closed with non-monetary relief