Martinez v. Midland Credit Management, Inc., Case No. 1:26-cv-08074

Primary Source: View Original Complaint (PDF)

Facts as Alleged in the Complaint

The following is taken verbatim from the complaint filed in federal court. These are allegations; no finding of fact has been made.

The Parties

5. Plaintiff Jessica Martinez, is an individual who, at all times between 2018 and the present, has resided at 1921 S. 51st Avenue, Cicero, Illinois.
6. Defendant MFLLC is a Delaware limited liability company with a principal address of 350 Camino De La Reina, #300, San Diego, CA 92108. It does business within Illinois. Its registered agent and office is Midland Credit Management, Inc., 1821 Walden Office Square, Suite 400, Schaumburg, IL 60173-4273.
7. MFLLC is engaged in the principal business of a debt buyer and collector. It purchases bad debts for pennies on the dollar and collects them by filing lawsuits and having the consumers dunned. The mails, telephone and Internet are used to collect its debts.
8. MFLLC is a debt collector as defined in the FDCPA.
9. Defendant MCM is a corporation organized under Kansas law. Its principal office is 350 Camino De La Reina, #300, San Diego, CA 92108. It does business in Illinois. Its registered agent and office is Illinois Corporation Service Company, 801 Adlai Stevenson Drive, Springfield, IL 62703-4261. It also has an office at 1821 Walden Office Square, Suite 400, Schaumburg, IL 60173-4273.
10. MCM is engaged in the principal business of a debt buyer and collector. It uses the mails and telephone to collect consumer debts.
11. MCM is a debt collector as defined in the FDCPA.
12. MFLLC and MCM are related. Both are subsidiaries of Encore Capital Group.

Factual Allegations

13. On September 6, 2018, MFLLC filed a collection action, case number 2018-M1-130178, in the Circuit Court of Cook County, Illinois, against a Jessica Martinez, identified in the summons as residing at 3122 West 54th Street, Chicago, IL 60632. A copy of the summons is in Attachment A. A copy of the complaint is in Attachment B. Case: 1:26-cv-08074 Document #: 1 Filed: 07/09/26 Page 3 of 10 PageID #:3
14. The action sought to collect a Credit One credit card, a high-interest card which is normally used for personal, family or household purposes and not for business purposes. All Credit One credit card agreements require that they be used only for personal, family or household purposes and not for business purposes.
15. Although MFLLC was the plaintiff in 2018-M1-130178, MCM was materially involved in the bringing of the action.
16. The attorneys whose names appeared on the summons and complaint were Kevin W. Mortell and Toni Schroeckenstein, also known as Toni Miller. Both are or were employees of MCM. They use email addresses with “@mcmcg.com”, referring to MCM. They operate from MCM’s office at 1821 Walden Office Square, Suite 400, Schaumburg, IL 60173-4273.
17. Attached to the complaint was an affidavit (Attachment C) executed by an employee of MCM and attesting to the validity of the debt.
18. MCM hired a special process server to serve the summons and complaint. According to the affidavit of service (Attachment D), on April 6, 2019, the special process server personally served Jessica Martinez at 3122 West 54th Street, Chicago, IL 60632.
19. The affidavit of service refers to an MCM file number and identifies the “client” as
20. Based on such service, a judgment was entered on Feb. 10, 2020. (Attachment E)
21. Plaintiff does not dispute herein that MFLLC has a valid judgment against the Jessica MCM. Martinez who, on April 6, 2019, resided at 3122 West 54th Street, Chicago, IL 60632.
22. Plaintiff is not the Jessica Martinez who, on April 6, 2019, resided at 3122 West 54th Street, Chicago, IL 60632, and is not responsible for the debts of such person.
23. More than six years after entry of the judgment, on March 16, 2026, MFLLC and MCM had a citation to discover assets issued to “Bank of America Capital Corporation.” (Attachment F) The citation gave the judgment debtor’s address as 4702 West 12th Place, Cicero, IL
60804. This address appears on credit card statements attached to the state court complaint. Case: 1:26-cv-08074 Document #: 1 Filed: 07/09/26 Page 4 of 10 PageID #:4 Plaintiff does not know why MFLLC and MCM thought the judgment debtor had returned to that address from the address at which she was served.
24. The attorneys who issued the citation, Kevin W. Mortell and David Picardat, were employees of MCM. (Attachment G)
25. Presumably the required copy of the citation was sent to 4702 West 12th Place, Cicero, IL 60804. The certificate of service (Attachment H) does not state any other address to which the copy of the citation was sent.
26. A copy of the citation was not sent to Plaintiff at her address of 1921 S. 51st Avenue, Cicero, Illinois.
27. Under 735 ILCS 5/2-1402(b), “Whenever a citation is served upon a person or party other than the judgment debtor, the officer or person serving the citation shall send to the judgment debtor, within three business days of the service upon the cited party, a copy of the citation and the citation notice, which may be sent by regular first-class mail to the judgment debtor’s last known address.”
28. Under 735 ILCS 5/2-1402(d), “No order or judgment shall be entered under subsection (c) in favor of the judgment creditor unless there appears of record a certification of mailing showing that a copy of the citation and a copy of the citation notice was mailed to the judgment debtor as required by subsection (b).”
29. The citation notice contains notice of exemption rights. Notice of exemption rights is required by due process. Kirby v. Sprouls, 722 F. Supp. 516, 522 (C.D.Ill. 1989).
30. Compliance with the notice provisions of 735 ILCS 5/2-1402 is thus required to satisfy due process.
31. An answer to the citation was filed by Bank of America, N.A. The answer (Attachment I) stated that the last four digits of the judgment debtor’s social security number were those of Plaintiff, and that Plaintiff’s husband Carlos Rios was a joint account holder.
32. Identifying information about the judgment debtor is normally provided by the party Case: 1:26-cv-08074 Document #: 1 Filed: 07/09/26 Page 5 of 10 PageID #:5 issuing the citation.
33. Based on the citation and answer, the Circuit Court entered a turnover order on May 22, 2026. (Attachment J)
34. The attorneys whose names appear as having prepared the turnover order were employees of MCM.
35. As a result of the order, Plaintiff’s funds were withheld.
36. Plaintiff’s funds were seized even though Plaintiff is not the judgment debtor and notice of the citation was not served on Plaintiff as required by due process.
37. Plaintiff learned of the order and the state court action through the unavailability of her funds.
38. Plaintiff called MCM to complain about the seizure of her funds and explain that she was not the person against whom MFLLC had a judgment.
39. Plaintiff was told that the only way her funds would be released is if she entered into a payment plan.
40. Plaintiff was forced to retain and pay counsel, who on June 22, 2026 filed a motion for an order (1) declaring that Plaintiff is not the judgment debtor Jessica Martinez, (2) prohibiting MFLLC from attempting to enforce its judgment against Plaintiff, (3) vacating the turnover order entered on May 22, 2026, and (4) ordering return of Plaintiff’s funds. (Attachment K, with exhibits omitted)
41. The requested order was entered on July 7, 2026 (Attachment L).
42. Service of process on one Jessica Martinez at 3122 West 54th Street, Chicago, IL 60632 does not authorize enforcement of the resulting judgment against a different Jessica Martinez, Plaintiff, who lived at 1921 S. 51st Avenue, Cicero, Illinois on the date of service. Neri v. J.I. Case Co., 207 Ill.App.3d 409, 413, 566 N.E.2d 16, 19 (2d Dist. 1991).
43. Plaintiff was damaged by the conduct complained of, in that: a. Her funds were detained; Case: 1:26-cv-08074 Document #: 1 Filed: 07/09/26 Page 6 of 10 PageID #:6 b. Defendants falsely informed Bank of America that Plaintiff was the judgment debtor Jessica Martinez, when she was not;
44. c. She had to pay counsel to remedy the detention of her funds; d. She suffered anguish and distress as a result of the conduct complained of. The actions of MCM and MFLLC in attempting to enforce a judgment against Plaintiff when she was not the judgment debtor were malicious and oppressive.

Remedies Sought

• Compensatory damages;
• Compensatory damages;
• Representing to the Court and Bank of America that Plaintiff was the party against whom MFLLC had a judgment;
• Seizing Plaintiff’s funds when she was not the judgment debtor;
• Sending notice of the citation to an address other than that of Plaintiff;
• Refusing to listen to Plaintiff when she called MCM to protest that it had seized funds other than those of the judgment debtor.
• Compensatory damages;
• Compensatory damages;

Frequently Asked Questions

Has MFLLC been found liable in this case?

No. This is a complaint — a legal filing that contains allegations made by Plaintiff. MFLLC has not been found liable for any wrongdoing. A finding of liability requires a court proceeding where evidence is presented and evaluated by a judge or jury.

What does the Fair Debt Collection Practices Act (FDCPA) prohibit?

The Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) prohibits third-party debt collectors from using abusive, unfair, or deceptive practices. It requires collectors to send a debt validation notice and prohibits harassment, false representations, and unfair practices. Statutory damages can reach $1,000 per lawsuit plus actual damages and attorney fees.

What is the current status of this case?

This case was recently filed. See the CourtListener docket linked at the bottom of this page for the complete filing record. This page is updated automatically when new documents are filed.

Where can I read the full complaint against MFLLC?

The full complaint is publicly available on CourtListener. The Facts as Alleged section above reproduces the complaint’s factual allegations verbatim. The complete case record, including all filings, is available through the docket link at the bottom of this page.

Source: CourtListener. Information on this page is taken verbatim from the court complaint. These are allegations only; no finding of fact has been made.