Consumer complaint received 2026-03-09 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: ENOVA INTERNATIONAL, INC.
State: FL

Complaint narrative:
To the Legal Department or Compliance Officer : I am writing regarding the above-referenced debt of {$5000.00}, which defaulted in 2023. I am formally disputing this debt and providing notice that I hold no liability to NetCredit. Liability for this financial harm, including the delinquency on this note, rests solely with XXXX XXXX and XXXX XXXX ( or " XXXX '' ) due to malfeasance, civil rights violations, theft, and destruction of property. This letter incorporates the following material facts which are supported by Florida law and the doctrine of collateral estoppel : XXXX. The Nature of the Debt : A " Homestead Improvement Obligation '' The {$5000.00} loan from NetCredit was used for improvements on my homestead. Under Article X, Section XXXX of the Florida Constitution, debts " contracted for the purchase, improvement or repair '' of a homestead are an exception to the general protections afforded to homestead property. This means XXXX things : NetCredit would have had a potential avenue to collect against the property if the property had remained in my possession. The funds were directly invested into the real property that was subsequently illegally taken by the county. XXXX. Illegal Taking and Theft by XXXX XXXX and XXXX XXXX XXXX XXXX and XXXX XXXX acted in malfeasance by ignoring state-issued mandates and federal collateral estoppel regarding my homestead. The perpetrators went further, stealing and destroying more than {$300000.00} worth of my personal property and the property of others. This illegal action directly rendered me unable to satisfy the NetCredit obligation, as the very asset the loan was invested in was wrongfully seized. XXXX. The Right to Surplus Funds and Resulting Setoff Critically, Florida law provides that when property is wrongfully taken or sold through foreclosure or similar legal process, the rightful owner is entitled to any surplus funds generated from that sale, above what is owed to lienholders. I have an unwaivable right to the surplus from the illegal disposition of my homestead. Furthermore, Florida courts have long held that " surplus money arising from a sale of land under a decree of foreclosure stands in the place of the land itself ''. Because the NetCredit loan was used to improve that land, NetCredit 's remedyif anylies in claiming against the surplus funds now held or controlled by the perpetrators, not against me personally. XXXX. Application of Liability : The Fraudulent Conduct Exception Florida law is clear that the homestead exemption does not protect property obtained or retained through fraudulent or egregious conduct. The Florida Supreme Court in XXXX XXXX XXXX and subsequent case law ( including XXXX XXXX Red Reef ) establish that where funds are obtained through fraud or where proceeds from reprehensible conduct are used to invest in or improve a homestead, the perpetrators can not hide behind the homestead exemption. Here, the " reprehensible conduct '' is the county 's illegal taking. Therefore, any claim NetCredit has regarding the {$5000.00} should be directed against the surplus funds or the perpetrators ( XXXX XXXX XXXX XXXX who caused the delinquency, not against me. XXXX. Demand for XXXX XXXX on the foregoing, I demand that NetCredit : XXXX. Cease and desist all collection activities against me immediately. XXXX. Remove debt ; XXXX this debt as " XXXX XXXX XXXX to XXXX XXXX. '' XXXX. XXXX the perpetrators as a co-victim with XXXX XXXX and/or given that the improvements funded by the loan were stolen by XXXX XXXX XXXX and the right to recovery now lies against the surplus from that illegal taking. I am not liable for funds that were invested in my homestead and subsequently stolen by government actors. NetCredit 's remedy, if any, lies in an action against XXXX XXXX and XXXX XXXX for their tortious interference, theft, and conversion of property in which NetCredit held an equitable interest. Please direct all future correspondence to me in writing at the address above. I reserve all rights under the Fair Debt Collection Practices Act ( FDCPA ) and Florida state law. Sincerely, /s/ XXXX XXXX

Company response to consumer: Closed with explanation