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  1. #1

    Default Can You Get Relief from a Judgment Held by a Junk Debt Buyer

    My question involves collection proceedings in the State of: New York.

    This was big news:

    Attorney General Slatery Announces $6 Million Settlement With Encore Capital Group To Reform Debt Buying And Collection Practices
    Tuesday, December 18, 2018

    Attorney General Herbert H. Slatery III announced on Tuesday that Tennessee joined 42 states and the District of Columbia in reaching a $6 million settlement with Encore Capital Group Inc. and its subsidiaries Midland Credit Management, Inc. and Midland Funding, LLC, one of the nationís largest debt buyers.

    Many Victims got their junk Judgements reduced or eliminated. Unfortunately, NY was not one of the 42 states to participate.

    About 3 years ago the then NY Attorney General Eric Schneiderman got Encoure Capital to Settle

    4,500 suites were victims did not respond were thrown out!

    Unfortunately, that went back only to about 2008.

    The problem for me is two of Encoure,s Subsides got junk default judgements against me in 2006, about 6 weeks apart, that I did not know about until years later. I contacted the NY AG's office when Schneiderman was in office, they checked with the Attorney's who were on the case and the settlement did not cover people past 2008. I guess I had to understand, both sides had to give a little and people like me who have been victimized longer have to step aside so others can get relief.

    The impact of 4,500 suites being tossed out I'm sure had a negative effect on Encoure's bottom line. It had a great effect on me, almost immediately. I was served with an income execution right away. After this deal with 42 States, it had an impact on me again, as I sit home unemployed, I get an income execution again! They are under the impression I am at my old job."

    There are continuous deals being made to protect people from these scumbag collectors who prey on people like me and I wonder how many people like me who are preyed on during the holiday season, forgotten victims, who continue to be terrorized by Encore every time someone else gets the relief we should also be given.

    "Oh, we settled this, better go get those suckers who weren't included in the deal!" That is what it feels like!

    I know, I am going to get a lot of unhappy "pay what you owe."

    I do not feel bad for not paying a blood sucker $8,000+ because they say I owe it. I have no idea where they got these debts from. Did I default on a $250 phone card credit card in college back in 1999, yes, should I pay $8,000 12 years later? I got the original paperwork they filed from the county to get the default judgement, there is 100% proof of it being a "paper mill" as they were accused of. In one of the lawsuits they submitted a signed with some executive saying she had personal knowledge of me owing the debt to XX company because it was part of her job duties. They submitted the wrong pre printed paper, the name of the company she swore to, that was notarized was the wrong company. Oops. Also in the other lawsuit they filed against me it was the same lady, who had a different position who worked for a different company, 6 weeks later. She switched jobs that fast, but still is able to help out Encores interests, good for her.

    Something else that is very shady (to me anyway) is the lady who swears she has personal knowledge of my debt being valid because it is part of her job duties lives and works in California but both affidavits in both lawsuits were notarized by a notary in Minnesota .

  2. #2
    Join Date
    Sep 2010

    Default Re: New York Allows Victims of Encoure Capital to Be Terrorized While Others Get Reli

    Did you have a question or did you just come here to rant at us?

  3. #3

    Default Re: New York Allows Victims of Encoure Capital to Be Terrorized While Others Get Reli

    It's more of an opt ed, but constructive advice is always appreciated.

  4. #4
    Join Date
    Mar 2013

    Default Re: New York Allows Victims of Encoure Capital to Be Terrorized While Others Get Reli

    You may have grounds to get your judgments set aside on your own. (I realize you probably can't afford a lawyer.)

    If the court doesn't provide forms, a law library might have samples.

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