Debt collection -- Attempts to collect debt not owed -- Complaint #6766678

Complaint Overview

Complaint ID: 6766678

Company: Encore Capital Group INC.

Product: Debt collection

Sub-Product: I do not know

Issue: Attempts to collect debt not owed

Sub-Issue: Debt is not yours

State: Georgia

ZIP Code: 30809

Date Received: 2023-03-28T12:00:00-05:00

Date Sent to Company: 2023-03-28T12:00:00-05:00

Company Response: Closed with explanation

Timely Response: Yes

Consumer Disputed: N/A

Submitted Via: Web

Consumer Narrative

I originally filed with CFPB last year to request a cease and desist and to address fraudulent claims from this shady debt collector. Since, however, they have attempted to unlawfully sue me in a jurisdiction that I DO NOT reside in. Pursuant An order that exceeds the jurisdiction of the court is void, and can be attacked in any proceeding in any court where the validity of the judgment comes into issue. ( See Rose v. Himely ( 1808 ) 4 Cranch 241, 2 L ed 608 ; Pennoyer v. Neff ( 1877 ) 95 US 714, 24 L ed 565 ; Thompson v. Whitman ( 1873 ) 18 Wall 457, 21 l ED 897 ; Windsor v. McVeigh ( 1876 ) 93 US 274, 23 L ed 914 ; McDonald v. Mabee ( 1917 ) 243 US 90, 37 Sct 343, 61 L ed 608. Furthermore it is stated that " A judgment of a court without hearing the party or giving him an opportunity to be heard is not a judicial determination of his rights. Sabariego v Maverick, 124 US 261, 31 L Ed 430, 8 S Ct 461, and is not entitled to respect in any other tribunal. '' MCM refused to send ANY court documents to me after their initial lawsuit filing so I was not aware of any judgement granted nor court hearing in XXXX of XXXX until today 's date, XX/XX/XXXX. It is a fundamental doctrine of law that a party to be affected by a personal judgment must have his day in court, and an opportunity to be heard. Renaud v. Abbott, 116 US 277, 29 L Ed 629, 6 S Ct 1194. Every person is entitled to an opportunity to be heard in a court of law upon every question involving his rights or interests, before he is affected by any judicial decision on the question. Earle v McVeigh, 91 US 503, 23 L Ed 398. I filed a motion to dismiss within 30 days of receipt of the fraudulent lawsuit only for MCM to ignore it, and wait 2+ months to proceed with the case and file a judgement against me WITHOUT NOTICE OR MAILING. Despite providing heavily documented proof that the alleged debt is not mine, has never been validated, and the concerns about their illegal debt collection practices the judgement was granted and MCM has AGAIN begun contacting random people to tell them about this alleged debt which is also a violation of FDCPA. They first pretended to be lawyers when I submitted the initial CFPB complaint, lied in their response and still refused to provide PROOF and a WET SIGNATURE and have still yet to validate this alleged debt despite numerous requests. All they did was ramble in their response and neglect to address any of my valid concerns. As provided by federal law, I demand the following in addition to this judgement being immediately vacated : The name and address of the creditor to whom the alleged debt is currently owed, the account number used by that creditor, and the amount owed. If this alleged debt started with a different creditor, provide the name and address of the original creditor, the account number used by that creditor, and the amount owed to that creditor at the time it was transferred. When you identify the original creditor, please provide any other name by which I might know them, if that is different from the official name. In addition, tell me when the current creditor obtained the alleged debt and who the current creditor obtained it from. Provide verification and documentation that there is a valid basis for claiming that I am required to pay the alleged debt to the current creditor. For example, can you provide a copy of the written agreement that created my original requirement to pay? This MUST include a wet signature. If you are asking that I pay a debt that somebody else is or was required to pay, identify that person. Provide verification and documentation about why this is a debt that I am required to pay. A copy of police reports filed against the original creditor addressing unlawful criminal credit/debt practices. I formally request that you immediately cease and desist continued harassment and collection activity. Proof that your agency is the sole owner of this alleged debt. Proof that your agency is lawfully able to collect on this alleged debt. Provide proof of this alleged debt such as a bill of sale, an " assignment '', or a receipt between the last creditor holding the alleged debt. The amount and age of the alleged debt, including : A copy of the last billing statement allegedly sent to me by the original creditor. State the amount of the alleged debt, when you obtained it, and from whom you purchased it from, and when that was. If there have been any additional interest, fees or charges added since the last billing statement from the original creditor, provide an itemization showing the dates and amount of each added amount. In addition, explain how the added interest, fees or other charges are expressly authorized by the agreement creating the alleged debt or are permitted by law. If there have been any payments or other reductions since the last billing statement from the original creditor, provide an itemization showing the dates and amount of each of them. If there have been any other changes or adjustments since the last billing statement from the original creditor, please provide full verification and documentation of the amount you are trying to collect. Explain how that amount was calculated. In addition, explain how the other changes or adjustments are expressly authorized by the agreement creating the alleged debt or permitted by law. Tell me when the creditor claims this debt became due and when it became delinquent. Identify the date ( s ) of the last payment made on this account. Have you made a determination that this debt is within the statute of limitations applicable to it? Tell me when you think the statute of limitations expires for this debt, and how you determined that.

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This analysis is AI-generated based on publicly available CFPB complaint data. It does not constitute financial or legal advice.

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