u/ApprehensiveCell8214

I’ve been disputing Midland Credit Management (“MCM”) for almost 20 months. Recently they filed a lawsuit against me (I have not been served yet).

I called the number listed on the Clerk of Courts website and requested consent to record the call since my state is a two-party consent state. The MCM representative agreed.

Originally, the biggest red flag from the call was the representative telling me:

“The court is responsible for service.”

The rep repeatedly made it sound like I needed to coordinate service directly with the Clerk, which concerned me because under my state’s procedure rules, the plaintiff is generally responsible for arranging service after the summons is issued.

But while reviewing the transcript again, I caught another statement that stood out even more. The representative told me:

“You have to prove it, sir. Otherwise, right now, we believe that that’s valid. So the lawsuit’s in place.”

That immediately reminded me of the CFPB Consent Orders involving Midland/Encore, specifically the sections discussing misleading consumers about the burden of proof and implying consumers must prove a debt is not theirs.

For context, I’ve documented disputes, validation requests, and inconsistencies for almost two years now. I also recently sent another certified letter documenting what I believe are additional violations and evidentiary defects that I may raise in affirmative defenses if I’m served.

I also filed a CFPB complaint regarding the misleading statements about service, and interestingly, MCM acknowledged the statement in its CFPB response.

At this point, I’m reviewing everything carefully and preparing my Answer proactively in case service happens.

Hi, I wanted to share the following experience during a CFPB complaint in order to see if anyone has ever experience a similar situation.

Context:

I filed a complaint against a debt buyer/debt collector after multiple attempts to resolve the matter directly with the debt buyer.

In my dispute I attached all documents I had submitted via USPS certified mail, return receipt to the debt buyer/debt collector, any prior written disputes sent to their third-party debt collector, including cease-and-desists.

In total I submitted 15+ attachments of everything I had documented to my complaint (since those would be sent to the debt buyer/debt collector).

In its reply to my complaint, the company (debt buyer/debt collector). Misrepresented itself by stating it was not a debt collector, contradicting how they represent themselves on their own website, their multi-state NMLS registration with active licenses as a "Collection Agency", and licensed as such in the state I reside in as well.

This debt collector, used the response as a loophole to include a settlement offer with a due date, potentially violating an active cease-and-desist they had received over 30+ days (proof is in the signed PS Form 3811 "green return receipt").

For clarity the above is not meant as a negative feedback about the CFPB, on the contrairy it is to identify how a debt collector used space meant to be an unofficial neautral space and a goverment bureau to continue attempting to collect. I do not expect the CFPB or or any agency to recover money or represent me, with that said consumers should be aware of what at least one debt collector has done, and know they should document everything including the responses made through the CFPB by a company.

In the “Feedback” section [to CFPB] which is forwarded to the company even if the case [complaint] is closed, I called the company out [professionally but firmly]

I have submitted a separate complaint on this debt collector specifically for violating an active Cease-and-Desist in which I attached the Cease-and-Desist, the USPS PS Form 3811 (green return receipt signed card), Print-to-PDF copy of their NMLS license which identifies them as Collection Agency in multiple States, and a copy of the response they made in the prior complaint.

Friendly reminder to everyone, the CFPB uses all complaints even if they closed (automatically closed if a company responds). A closed complaint doesn’t mean it magically goes away for that company. It is used by the CFPB’s database by the FTC and State Attorney Generals (among others), to track complaints and issues we consumers bring up to identify patterns a company (like debt collectors) continue to have by consumers.

Print-to-PDF any complaints and or responses and save them just in case these junk debt buyers/debt collectors attempt to come after you, it will help you identify any false statements they make down the line.

P.S. it was not one of the well known debt collectors.