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

Vermont Wage Garnishment Exemptions

Federal limits apply. Vermont exempts certain public benefits and retirement funds.

Vermont Consumer Protection Act

In addition to the federal FDCPA, Vermont's Vermont Consumer Protection Act may provide additional protections and remedies against Encore Capital Group's collection practices.

Vermont Court System

Small claims limit $5,000. Superior court handles larger civil cases. Filing fees in Vermont typically range $50-$300.

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 Vermont?

21 days from service.

What is the SOL in Vermont?

6 years for all contract types.

Can wages be garnished?

Yes. Federal limits apply.

Where are cases filed?

Small claims up to $5,000. Superior court for larger civil cases.

What is Vermont Consumer Protection Rule CP 104 and how does it help me?

Consumer Protection Rule CP 104 is an Attorney General regulation that sets forth specific duties of debt collectors operating in Vermont and is enforceable as a violation of the Vermont Consumer Protection Act, 9 V.S.A. § 2451 et seq. The rule applies to both third-party collectors and original creditors collecting their own consumer debts, which is broader than the federal FDCPA. It requires accurate disclosures, prohibits false or misleading statements, sets standards for communications with consumers and third parties, and requires substantiation of the debt on consumer request. A violation of CP 104 is a per se violation of the CPA, which allows actual damages, attorney fees, and in some cases statutory or exemplary damages. You can file a complaint with the Attorney General's Consumer Assistance Program at ago.vermont.gov/cap, or raise CP 104 violations as a defense or counterclaim in a collection lawsuit.

How much of my wages can a debt collector garnish in Vermont?

Vermont provides more wage protection than the federal floor. Under 12 V.S.A. § 3170, after a judgment a creditor can take the lesser of 25% of your disposable earnings or the amount by which your weekly disposable earnings exceed 40 times the federal minimum wage. That 40 times floor (compared to the federal 30 times) means more of your earnings are protected at low income levels. Disposable earnings means what is left after legally required deductions like federal and state taxes and Social Security, not voluntary deductions. Government debts like child support, taxes, and federal student loans follow different and sometimes higher caps under federal law. Vermont also exempts certain categories of income entirely from garnishment, including Social Security, SSI, veterans benefits, unemployment compensation, and most retirement benefits, under 12 V.S.A. § 2740 and federal exemption statutes.

What is the statute of limitations on debt in Vermont?

Vermont's general statute of limitations on a written contract, which includes most credit card cardholder agreements, is six years under 12 V.S.A. § 511. For oral contracts and open accounts, the same six-year period generally applies under Vermont practice. For installment loans, the clock generally starts ticking on each missed payment, although most courts treat the full balance as due once the lender accelerates the loan. For out-of-state creditors, Vermont's borrowing statute, 12 V.S.A. § 462, can apply the limitations period of the state where the cause of action accrued. If you are sued on a debt past six years from default, you should raise statute of limitations as an affirmative defense in your answer. The defense is waived if you do not raise it. Making a payment or signing a new written agreement on an old debt can restart the clock, so do not pay or sign anything on a suspected time-barred debt without legal advice.

Can a debt collector take my house in Vermont?

Vermont's homestead exemption under 27 V.S.A. § 101 protects up to $125,000 of equity in your primary residence from execution by unsecured creditors. That is more generous than many states. If your home equity is below the exemption amount, a debt buyer who wins a credit card or medical debt judgment generally cannot force the sale of your home. If your equity exceeds $125,000, the creditor could theoretically seek a forced sale, but only the excess above the exemption would be subject to the judgment, after mortgage and lien payoffs. In practice, this kind of forced sale is rare in Vermont for ordinary consumer debts. The homestead exemption does not protect against mortgages on the property itself, mechanic's liens, or property taxes. A judgment can still attach as a lien on non-homestead real estate. The exemption must usually be claimed properly when the creditor moves for execution, and an attorney can help you protect it.

I was sued in Vermont small claims court. What should I do?

Vermont small claims court, under 12 V.S.A. § 5531, handles civil cases up to $5,000. The procedure is simpler than regular Superior Court Civil Division. You will receive a notice of claim and an answer form. File the answer with the clerk within 30 days of receiving the claim, disputing the debt and listing defenses such as statute of limitations, lack of standing, and improper service. Send a copy to the plaintiff. You will then be given a hearing date. Show up. If you fail to appear, the court will enter a default judgment for the collector. Bring any documents, including the original contract if available, payment records, and any communications from the collector. Make the debt buyer prove they own the debt by asking the judge to require the bill of sale and chain of assignments. Many small claims cases collapse when the plaintiff produces only an affidavit with no supporting account records. Either party can appeal a small claims decision to Vermont Superior Court within 30 days.