Consumer complaint received 2024-12-20 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: FL

Complaint narrative:
Consumer Complaint to CFPB Regarding Debt Collection Practices Subject : Malicious Debt Collection Practices by Midland Credit Management, Midland Funding LLC, Asset Acceptance, and Related Entities. 
Complaint Details : I am filing this complaint to report unfair, deceptive, and illegal debt collection practices by Midland Credit Management ( MCM ), Midland Funding LLC, Asset Acceptance, Encore and related companies under the XXXXore Capital Group umbrella. These entities have repeatedly violated the Fair Debt Collection Practices Act ( FDCPA ) and other applicable laws. Below, I provide a detailed account of my case : 1. Initial Complaint ( 2006 ) : o Asset Acceptance alleged I owed {$1200.00} with an additional {$500.00} in interest.

o The company filed a lawsuit in Polk County, Florida, but no original documentation with my signature was ever provided to the court. 
o I was never served notice for a court date in XXXX. Court filings falsely stated I would undergo XXXX on XX/XX/XXXX and scheduled a court date for XX/XX/XXXX without my knowledge. 
o XXXX XX/XX/XXXX, I was giving birth to my son, and on XX/XX/XXXX, I was still hospitalized. 
o The case file was destroyed per judicial administration rules on XX/XX/XXXX. Despite this, the company pursued a writ of garnishment in XXXX, violating Florida 's 5-year statute of limitations. 
2. Misrepresentation and Continuation of Debt Collection : o Asset Acceptance ceased to exist in XXXX, yet Midland Credit Management continued to file court documents under the name Asset Acceptance. 
o This misrepresentation allowed them to maliciously pursue wage garnishment without providing proof of debt ownership or my liability.

o Midland Credit Management, Midland Funding LLC, Asset Acceptance, Encore and all related entities have misrepresented to the courts on multiples occasions their attempts to contact me. Acting with reckless negligence making it appear I could not be located in order to obtain default judgements against me. 
XXXX. Validation Request ( XXXX ) : o In XXXX, I noticed a debt from Midland Funding LLC of {$820.00} on my credit report. I sent a letter requesting validation of the debt, explicitly denying it was mine. 
o In this letter I explained that they needed to respond or cease all activity regarding this debt 30 days after the letter which was XX/XX/XXXX. The company should not have any additional attempts to collect the debt if the debt could not be validated. This company sent this letter to the court filed it on XX/XX/XXXX. 
o The company failed to respond within 30 days, as required by law, and the debt was subsequently removed from my credit report. 
o After this letter was filed Midland Credit Funding/ Asset Acceptance ? Sent a letter of dissolution on XX/XX/XXXX. 
o XXXX XX/XX/XXXX a motion was issued to XXXX XXXX XXXX XXXX for writ of wage garnishment and MCM served XXXX XXXX on XX/XX/XXXX. No noticed was sent to me regarding this writ. 
o On XX/XX/XXXX XXXX Federal responding stating I had no assets to garnish o XX/XX/XXXX Midland Credit Management filed for dissolution to XXXX XXXX for writ of wage garnishment. 
4. Recent Wage Garnishment ( XXXX ) : o On XX/XX/XXXX, I discovered my XXXX XXXX accounts were frozen, including my student loan funds, which violates federal law. 
o Upon inquiry, I learned MCM motioned for garnishment on XX/XX/XXXX and falsely claimed to have notified me on XX/XX/XXXX. As of XX/XX/XXXX, I have received no notice. 
o The court documents list Asset Acceptance as the creditor, despite the company 's dissolution in XXXX. 
o I was not notified by the bank or the creditor until I logged into my account on XX/XX/XXXX to see I was denied access, and a message appeared for me to contact the bank or visit a branch in person. 
XXXX. Repeated Violations of FDCPA and Malicious Practices : o Midland Credit Management, Midland Funding LLC, and related entities failed to provide a chain of assignments proving legal ownership of the debt over the last 18 years. 
o These companies have engaged in deceptive practices, including : Misrepresenting their identity as Asset Acceptance.

Failing to validate the debt despite multiple requests.

Freezing my accounts and garnishing wages without proper notification.

Impact : These practices have caused significant financial hardship, including the inability to access necessary funds and disruption to my obligations. This situation has also led to stress and uncertainty due to the malicious tactics of these entities. 
Police report filed for identity theft case number can be provided and has been provided to debt collector on letter sent on XX/XX/XXXX. 

Requested Resolution : I respectfully request the CFPB to : XXXX. Investigate Midland Credit Management, Midland Funding LLC, Asset Acceptance, Encore, and related entities for violations of the FDCPA and other laws.

2. Require these companies to cease all collection activities against me and release any garnished funds immediately.

3. Mandate the companies to provide a complete chain of assignment for the alleged debt and documentation proving its validity.

4. Impose penalties for their deceptive and unlawful practices to prevent further harm to consumers.

5. Dismissal with prejudice of the case filed by Midland Credit Management, Midland Funding LLC, Asset Acceptance, Encore and all related entities and resolved never to be sold to another debt collector.

Company response to consumer: Closed with non-monetary relief