Sued by Encore Capital Group in Maine? 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 Maine, 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 Maine 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.

Maine Wage Garnishment Exemptions

Federal limits apply. Maine provides additional protections for public assistance recipients.

Maine Unfair Trade Practices Act

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

Maine Court System

Small claims limit $6,000. District and superior courts handle larger civil cases. Filing fees in Maine typically range $50-$250.

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 to respond in Maine?

20 days from service.

What is the SOL in Maine?

6 years for all contract types.

Can wages be garnished?

Yes. Federal limits apply.

Where are debt cases filed?

Small claims up to $6,000. District court for larger amounts.

Does the collector contacting me need a Maine license?

Almost certainly yes. Under 9-A M.R.S. § 11-301, any "debt collector" - including collection agencies and debt buyers - that collects or attempts to collect debts from Maine consumers must be licensed by the Maine Bureau of Consumer Credit Protection. Original creditors collecting their own debts in their own name are generally exempt, but everyone else needs a license. You can verify whether a collector is licensed by searching the Bureau's licensee database or calling (207) 624-8527. If the collector contacting you is not licensed in Maine, that is a significant violation - the Bureau can take administrative action, and the unlicensed status may give you defenses to the debt itself. Collectors who file suit without proper licensing may have their cases dismissed. Always check licensing before paying any out-of-state collector. If you find one is unlicensed, file a complaint with the Bureau and document the contacts - that documentation supports both administrative complaints and FDCPA counterclaims.

What is the statute of limitations on debt in Maine?

Maine's general statute of limitations on contract and open-account debt is 6 years under 14 M.R.S. § 752. That covers most credit-card debt, store-card debt, and personal loans. Debt under a sealed instrument has a 20-year SOL under 14 M.R.S. § 751, but consumer debt rarely qualifies. Maine's 6-year window is longer than many states, so collectors and debt buyers in Maine often have a wider opportunity to sue. The clock generally runs from the date of last payment or last activity on the account, and is not restarted by partial payments unless the consumer signs a new written acknowledgment. Do not make payments or sign payment plans on an old debt without first confirming when the SOL ran. If a collector sues you on a time-barred debt and you raise the SOL as an affirmative defense, the court should dismiss the case. Failing to raise the defense in your answer can waive it.

Can I sue a collector under Maine's debt-collection law?

Yes. Maine's debt-collection law (9-A M.R.S. § 5-116 and related provisions) gives consumers a private right of action for violations, similar to the federal FDCPA. You can recover actual damages, statutory penalties, and reasonable attorney's fees. Many Maine consumer attorneys handle these cases on a fee-shifting basis - if you win, the collector pays your attorney, so you typically pay nothing out of pocket. Combined claims under the federal FDCPA (15 U.S.C. § 1692k - up to $1,000 statutory damages) and Maine's state law often produce stronger leverage than either alone. Common Maine violations include collecting without a state license, calling at unreasonable hours, misrepresenting the amount or status of the debt, threatening suit on time-barred debts, and contacting you after you have requested they stop. Document everything: keep voicemails, save letters and texts, and write down the date and time of every call. Then file a complaint with the Bureau of Consumer Credit Protection and consider consulting a consumer-law attorney.

What if a Maine hospital sends my bill to collections?

Medical debt is one of the most common debt types Maine consumers face, and it has some specific protections. Maine has adopted several protections aligned with federal CFPB Regulation F (12 CFR Part 1006) and federal No Surprises Act rules around emergency-room billing. Once a medical debt is sent to collections, all the standard FDCPA protections apply, plus Maine's state law. You can demand written validation under FDCPA § 1692g within 30 days of the first communication, and the collector must stop collection until they validate. As of recent CFPB and major-credit-bureau changes, paid medical collections must be removed from credit reports, medical debts under $500 cannot be reported, and unpaid medical collections only appear after a one-year delay. If your insurance was supposed to cover the bill, demand the collector confirm with the hospital before paying. And check whether the hospital offered you charity care or financial assistance - many Maine hospitals are required to offer it under federal 501(r) rules, and refusing or failing to disclose those programs can be grounds to dispute the debt.

Can a collector freeze my Maine bank account?

Not without first suing you, winning a judgment, and obtaining a writ of execution or trustee process under 14 M.R.S. § 3127 et seq. (Maine's trustee-process statute). If a Maine judgment is entered against you and you do not pay, the creditor can serve a trustee process on your bank to freeze and seize funds. However, certain funds are exempt by law: Social Security, SSI, VA benefits, unemployment compensation, public assistance, and child support cannot be taken for most consumer debt. Federal regulation (31 CFR Part 212) requires banks to automatically protect two months of federal-benefit deposits in your account. Maine also exempts a portion of wages already deposited from execution. If your bank account is frozen, file a claim of exemption with the court immediately - usually you have 20 days under Maine rules. Bring proof of the source of funds (Social Security award letter, VA letter, etc.). A Maine consumer attorney can usually get exempt funds released quickly, often at no cost to you because of fee-shifting under the federal FDCPA.