Sued by Encore Capital Group in Connecticut? Here's What to Do Next

2015 · consent order

$52M+ total ($42M consumer refunds + $10M CFPB civil money penalty), plus order to stop collection on $125M+ in debts

CFPB consent order against Encore Capital Group, Midland Funding, Midland Credit Management, and Asset Acceptance finding the companies attempted to collect debts they didn't own or that were inaccurate, relied on robo-signed affidavits in court, and pressured consumers with misrepresentations about lawsuits. The order required documentation before filing suit and disclosures when collecting on time-barred debt.

CFPB source

2020 · lawsuit settled

$15M CFPB civil money penalty + $79,308.81 consumer redress; extended 2015 order conduct provisions for five additional years

CFPB filed suit and reached a stipulated settlement finding Encore and its subsidiaries violated the 2015 consent order by suing consumers without possessing required documentation, failing to provide required disclosures when consumers requested loan documentation, and suing on debts whose statutes of limitations had expired in violation of the FDCPA and CFPA.

CFPB source

Statute of Limitations Defense

In Connecticut, the statute of limitations for credit card debt is 6 years. If your last payment was more than 6 years ago, the debt is time-barred. Encore Capital Group has been the subject of CFPB findings related to suing on time-barred debts — check your dates carefully and raise the SOL defense in your Answer.

Lack of Standing / Chain of Title

As a debt buyer, Encore Capital Group must prove they actually purchased your specific account. Demand the complete chain of title — the purchase agreement, bill of sale, and assignment documents. In Connecticut courts, failing to produce this documentation can result in dismissal.

Challenge the Amount

Demand a complete accounting from the original creditor's last statement through the current claimed balance. Any unauthorized fees, post-charge-off interest, or collection costs not in the original agreement should be disputed line by line.

Connecticut Wage Garnishment Exemptions

Federal limits apply. Connecticut also provides additional protections for low-income wage earners.

Connecticut Unfair Trade Practices Act (CUTPA)

In addition to the federal FDCPA, Connecticut's Connecticut Unfair Trade Practices Act (CUTPA) may provide additional protections and remedies against Encore Capital Group's collection practices.

Connecticut Court System

Small claims limit $5,000. Superior court handles larger civil cases. Filing fees in Connecticut typically range $80-$360.

What is Encore Capital Group?

Encore Capital Group is the largest publicly traded debt buyer in the U.S. They own LVNV Funding LLC and Midland Credit Management. If you are sued by either, Encore is the parent company.

Has the CFPB taken action against Encore?

Yes. The CFPB has ordered Encore subsidiaries to pay millions in fines and restitution for illegal debt collection practices including suing without proper documentation and collecting on time-barred debts.

Can I sue Encore Capital Group?

You would typically sue the subsidiary that contacted you (LVNV Funding or Midland Credit Management), but in some cases the parent company may also be liable for directing illegal collection practices.

How does Encore get my debt?

Encore purchases portfolios of thousands of defaulted accounts from banks and credit card companies, usually for 3-5 cents per dollar. They then attempt to collect the full original balance plus interest and fees.

How long do I have to respond in Connecticut?

Only 15 days from service. This is one of the shortest deadlines in the country — act immediately.

What is the SOL for credit card debt in Connecticut?

6 years for written contracts and credit card debts.

Can they garnish my wages in Connecticut?

Yes. Federal garnishment limits apply, with additional state protections for low-income earners.

What is CUTPA?

The Connecticut Unfair Trade Practices Act protects consumers against unfair and deceptive business practices, including debt collection.

How does the Connecticut Unfair Trade Practices Act protect me from debt collectors?

The Connecticut Unfair Trade Practices Act (CUTPA), Conn. Gen. Stat. §§ 42-110a et seq., prohibits unfair or deceptive acts in trade or commerce, and Connecticut courts have applied it to abusive debt collection. CUTPA's remedies are stronger than the federal FDCPA in several ways: it allows actual damages, punitive damages, and attorney's fees under Conn. Gen. Stat. § 42-110g. Unlike the FDCPA (15 U.S.C. §§ 1692-1692p), which only reaches third-party collectors, CUTPA applies to both original creditors and third-party collectors. The same facts that support an FDCPA counterclaim under § 1692e (false representations), § 1692f (unfair practices), or § 1692g (validation violations) often support a parallel CUTPA claim. CUTPA also reaches systemic deceptive practices like misrepresenting the amount owed or filing suit without proper documentation, which is common in debt-buyer cases. Before suing under CUTPA, you generally need to demonstrate damages, but harassment or improper collection can satisfy that requirement.

Are debt collectors required to be licensed in Connecticut?

Yes. Conn. Gen. Stat. §§ 36a-800 to 36a-814 require any consumer collection agency operating in Connecticut to hold a current license from the Connecticut Department of Banking. The licensing requirement applies to debt buyers, third-party collectors, and any entity that regularly collects consumer debts. An unlicensed collector who attempts to collect or files suit violates the licensing statute and triggers a separate violation under 15 U.S.C. § 1692e(9) of the federal FDCPA for misrepresenting the right to collect. If you are sued by a debt buyer, verify their license status on the Connecticut Department of Banking online portal. Lack of licensing is a complete defense, and you can move to dismiss the case. It also supports a parallel claim under the Connecticut Unfair Trade Practices Act, Conn. Gen. Stat. §§ 42-110a et seq., with punitive damages and attorney's fees.

How much of my wages can be garnished in Connecticut?

Connecticut is somewhat more protective than the federal floor. Under Conn. Gen. Stat. § 52-361a, the maximum wage garnishment for most consumer debts is the lesser of 25% of weekly disposable earnings or the amount by which weekly disposable earnings exceed 40 times the higher of the state or federal minimum wage. With Connecticut's 2026 state minimum wage of $16.35, the protected weekly floor is substantially higher than the federal 30x minimum wage floor under 15 U.S.C. § 1673. To assert the exemption, file a written claim of exemption with the issuing court. Federal benefits including Social Security, SSI, and VA payments remain fully protected from garnishment under 42 U.S.C. § 407. Connecticut also exempts certain retirement and pension benefits under Conn. Gen. Stat. § 52-321a, and the first two months of federally protected deposits to a bank account are automatically protected from levy under federal Treasury rules.

What is the statute of limitations on credit card debt in Connecticut?

Connecticut applies a six-year statute of limitations to actions on simple contracts (including credit cards) under Conn. Gen. Stat. § 52-576. The clock typically begins on the date of default or last payment. Once six years pass, the debt is time-barred. A collector who sues anyway violates 15 U.S.C. § 1692e(2) and § 1692f(1) of the federal FDCPA and Conn. Gen. Stat. §§ 36a-645 et seq. Raise the statute of limitations as an affirmative defense in your Answer along with an FDCPA counterclaim for up to $1,000 in statutory damages, actual damages, and attorney's fees under § 1692k. Connecticut courts have held that a partial payment within the SOL period can restart the clock under Conn. Gen. Stat. § 52-580, so be careful not to make payments on old debts without first confirming whether the SOL has expired.

How do I file an Answer in Connecticut superior court?

Connecticut superior court has unique procedural steps for consumer debt cases. After service, your first filing is an Appearance (Form JD-CL-12), which must be filed within two days of the Return Date listed on the summons. Failure to appear allows a default judgment. After your Appearance, the formal Answer is generally due within 30 days under Conn. Practice Book § 10-8. Your Answer should deny the allegations you contest and raise affirmative defenses, including statute of limitations under Conn. Gen. Stat. § 52-576, lack of standing (especially for debt buyers), failure to validate under 15 U.S.C. § 1692g, and any CUTPA or state FDCPA violations. Connecticut also requires plaintiffs in collection suits to attach the contract or other proof of the debt. If the complaint is missing required documentation, you can file a request to revise or a motion to strike. The Connecticut Judicial Branch provides free online resources and forms.