Consumer complaint received 2025-01-07 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: FL

Complaint narrative:
Midland Credit Management filed a suit against me in XXXX XXXX XXXX, in XXXX XXXX without proper notice. 
They attempted to serve me via email, but no other attempts were made. 
Court records show no other actions after attempting to serve via email. 
Which led to the case being closed in XX/XX/XXXX. 
Court documents a returned document in XX/XX/XXXX, after the case was closed. 

XX/XX/XXXX, a sheriff for XXXX XXXX XXXX showed up at an estranged family member 's house in XXXXXXXX XXXX and provided them court documents for a hearing, along with a copy of all the documents filed with the court. These documents included my personal information and the alleged debt owed, indicating that this was a hearing to collect a debt. The documents include 2 copies of past invoices, a bill of sale, an affidavit of sale by XXXX XXXX, who is a third party not involved, a declaration of XXXX XXXX, whose business is in XXXX. XXXXXXXX XXXX, allegedly certifying the sold debt for the state of XXXX, who is a third party not involved, both of these individuals have now reviewed personal information for debt that is allegedly owed. 

The paperwork shows the company is attempting to collect the debt with interest at 6 % from the date of judgment until paid. This was signed on XX/XX/XXXX. 

I have not lived at the estranged family member 's home. I am over the age of XXXX. I do not reside in the state of XXXX. 

It is perceived that this was filed in retaliation since their attempt to serve me by email was illegal, and the case was closed. 

According to the Fair Debt Collection Practices Act, 804. Acquisition of location information Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall ( 5 ) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt ; 807. False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 7 ) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. 
( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. 
( 12 ) The false representation or implication that accounts have been turned over to innocent purchasers for value. 

A sheriff appearing at an estranged family member 's house in an attempt to collect a debt is a false representation or implication that I committed any crime or other conduct in order to disgrace the consumer. It is also a deceptive practice. Attempting to serve me by email and hoping that the court is ok with that practice is a deceptive practice. 

811. Legal actions by debt collectors ( a ) Venue Any debt collector who brings any legal action on a debt against any consumer shall -- ( 1 ) in the case of an action to enforce an interest in real property securing the consumer 's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located or ( 2 ) in the case of an action not described in paragraph ( 1 ), bring such action only in the judicial district or similar legal entity -- ( A ) in which such consumer signed the contract sued upon ; or ( B ) in which such a consumer resides at the commencement of the action. 

There is no indication or information on file that shows I reside at the estranged members ' home. I have resided in XXXX since XXXX. 

812. Furnishing certain deceptive forms ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. 
( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter. 
15 USC 1692k This is an unlawful attempt to get information. I am forced to contact the court and file a motion to dismiss due to jurisdiction and venue. The court has the capability of forcing me to transfer the case to the appropriate venue, but yet I had not been properly served to begin with. 

The estranged individual to which the sheriff served these documents is not a biological family member.

Company response to consumer: Closed with non-monetary relief