by Paul MankinDo I need an attorney to file a claim under the FDCPA?
The Fair Debt Collection Practices Act (FDCPA) allows consumers to sue debt collectors who violate the Act by using unfair, abusive, or deceptive practices to collect on a debt. While you can file almost any lawsuit without an attorney, you might be wise to hire experienced counsel for a claim under the FDCPA.
How Can an Attorney Help with a FDCPA claim?
An attorney can evaluate your case, determine which court the suit should be filed in, and prepare the complaint to ensure that no claims are left out of the original pleadings. Lawsuits filed in the wrong court can be dismissed for lack of jurisdiction and claims not pled in the original complaint can be considered waived, so you may lose your opportunity to make them later.
Once your complaint has been filed, your attorney can help you try to negotiate a settlement with the debt collector. Remember, once you file a lawsuit, you will have to deal with the debt collector’s attorney, not a call center representative, and the collector’s attorney will likely be experienced in negotiations, so you will want someone just as experienced on your side.
If a settlement cannot be reached and you have to go to Court, you will want a FDCPA attorney with you to make sure that the judge hears all of your evidence. The rules of courtroom procedure are complicated, and if not followed can lead to some of your evidence being ruled inadmissible. This could mean that the judge will not hear your entire story and might rule in favor of the debt collector simply because you were unable to present your entire case. Your attorney can also help ensure that the debt collector is not allowed to present evidence that would otherwise be inadmissible in Court, as their attorney may be able to get it admitted simply because you do not know the proper objection.
Before you go to court, your attorney will handle all communications with the debt collector’s attorney and the Court, file all necessary pleadings and responses, and help you collect the evidence that you will need and format it in a way that will be admissible in court.
If a debt collector or creditor is harassing or abusing you please contact our office immediately at 1-800-219-3577, for a free, no obligation case review.
by Paul MankinCreditor Harassment: How Much Does it Cost to Hire an Attorney?
The federal Fair Debt Collection Practices Act (FDCPA) and California Rosenthal Fair Debt Collection Practices Act (RFDCPA) prohibit creditors and debt collectors from using unfair, abusive, and harassing tactics to collect a debt. If a debt collector is harassing or abusing you, you may be able to sue them, with no upfront cost to you.
What is Creditor Harassment or Abuse?
Under the FDCPA and RFDCPA many common tactics of debt collectors and creditors are considered harassment or abuse, including:
- Repeatedly calling a telephone number or letting the phone ring
- Calling a consumer before 8:00 a.m. or after 9:00 p.m.
- Using profane, obscene, or abusive language
- Not properly identifying themselves as a debt collector
- Failing to provide verification of a debt to the consumer
- Attempting to collect interest or fees not authorized by the original agreement
- Falsely implying that a consumer is committing a crime by not paying a bill
- Attempting to collect interest or fees not authorized by the original agreement
This list does not include all of the ways that a debt collector or creditor might harass or abuse you, and the Act covers many other unfair, abusive, and misleading tactics that might be used by a collection agency to get a consumer to pay a debt.
How Much Does it Cost to Hire an Attorney for FDCPA Matters?
It doesn’t cost you anything to hire us for a FDCPA matter. At the Law Office of Paul Mankin, there are no upfront fees when you hire us to stop a debt collector or creditor from harassing you, and we only get paid if we win. The debt collector may pay our fees or we may split any cash settlement with you.
If a debt collector or creditor is harassing or abusing you, please contact our office at 1-800-219-3577, for a free, no obligation consultation.
by Paul MankinAre you Receiving Harassing Phone Calls from H & A Credit Corporation?
H & A Credit Corporation is a debt collection agency located in Stone Mountain, Georgia. The agency has been in business since 2001 and collects on many types of consumer debt.
Contact Information:
H & A Credit Corporation
913 Main St STE D
Stone Mountain, GA 30083-3096
Phone: (770) 413-4961
The Better Business Bureau (BBB) and Consumer Financial Protection Bureau (CFPB), a federal agency created to help ensure that consumers are not abused by companies in the financial industry, report no complaints against H & A Credit Corporation. The agency has however been sued at least once, in Georgia, for Fair Debt Collection Practices Act (FDCPA) violations. The complaint in this case alleges that the company left several messages on the consumer’s voice mail wherein it failed to inform him that the calls were from a debt collection agency. The case was eventually settled.
The FDCPA requires a debt collector to inform consumer’s that the call is from a debt collector and that any information obtained during the call will be used for the purpose of collecting the debt. This is known as the “mini-Miranda”. Many consumer’s have heard this warning from a creditor or debt collector and just as a law enforcement office is required to read a Miranda warning to a suspect before questioning them, debt collectors are required to read the mini-Miranda to a consumer before speaking with them about the debt on which they are attempting to collect.
The FDCPA was passed in order to help protect consumers from abusive and deceptive practices by debt collectors and not only requires them to inform consumers that they are attempting to collect a debt, but also prohibits them from using tactics such as:
- Allowing a consumer’s telephone to ring continuously in order to annoy them
- Falsely implying that a person can be arrested for not paying a bill
- Calling before 8:00 a.m. or after 9:00 p.m.
- Using profane or obscene language
- Communicating with a third party about a consumer’s debt
- Threatening to take any action that is illegal or that it does not intend to take
- Falsely representing that communications are from an attorney
- Impersonating law enforcement or government officials
- Communicating with consumer’s by way of postcard
- Harassing phone calls
This is not a complete list of all the debt collection tactics prohibited by the Fair Debt Collection Practices Act and any action by a debt collector that would be considered abusive, harassing, or deceptive may be in violation of the FDCPA.
If H & A Credit Corporation is annoying, abusing, or harassing you it is time they are held accountable for their actions. For a free, no obligation case review, please call our office at 1-800-219-3577.
by Paul MankinAre you Receiving Harassing Phone Calls from Bayview Loan Servicing, LLC?
Bayview Loan Servicing, LLC is a mortgage lender and debt collection agency located in Coral Gables, Florida. It services loans in all U.S. states, Washington DC, Puerto Rico, and Guam.
Contact Information:
4425 Ponce De Leon Blvd Fl 5
Coral Gables, FL 33146-1837
Phone: (866) 783-8763
http://www.bayviewloanservicing.com
The Consumer Financial Protection Bureau (CFPB), an agency created to help ensure that debt collectors, and other companies in the financial industry, do not abuse consumers, and the Better Business Bureau (BBB) report no complaints filed against Bayview Loan Servicing.
This does not mean however that the mortgage company has not used unfair or abusive practices to collect on a debt and it may have violated federal or state law while attempting to collect a debt from you. The Fair Debt Collection Practices Act (FDCPA), a federal law enacted in order to help prevent debt collectors from using unfair, deceptive, or abusive practices when attempting to collect on a debt specifically prohibits many practices commonly used by debt collectors, including:
- Falsely representing that they are an attorney or law enforcement officer
- Contacting third parties about a debt
- Attempting to collect fees and charges not included in the original contract
- Falsely implying that a consumer will be arrested if they do not pay
- Calling consumers before 8:00 a.m. or after 9:00 p.m.
- Charging fees not allowed for in the original contract
- Threatening to commit acts of violence against a consumer or their property
- Refusing to provide a consumer with verification of a debt it is attempting to collect
- Threatening to take action they have no legal right to take
- Making telephone calls without properly identifying themselves
- Falsely representing the amount or legal status of a debt
If you believe that Bayview Loan Servicing is using unfair, deceptive, or abusive practices in order to collect a debt from you, it is time to hold them accountable for their actions. Please contact our office for a free, no obligation case review at 1-800-219-3577.
by Paul MankinCredit Report Errors And Disputes
Many people suffer financial harm when inaccurate information goes on their credit reports. In some cases, credit card companies or other creditors fail to post payments on time or post inaccurate payment information. Negative credit information can be wrongly entered into the credit record of a person with an identical or similar name. Some people fall prey to identity theft scams that can tarnish their credit records for months if not years to come.
People who have inaccurate information on their credit records have rights under the Fair Credit Reporting Act (FCRA). They can get credit reporting agencies to remove that information — and they can even receive compensation.
We Help People Remove Inaccurate Credit Information
The Law Office of Paul Mankin is a law firm that protects the rights of consumers throughout California from offices in the San Diego area and Los Angeles. If you have false or inaccurate information on your credit record, we can help you remove it — and obtain compensation that could include:
- Compensation of up to $1,000 for each willful violation of the act, if there was no actual harm
- Compensation for your total financial losses if you suffered actual financial harm
- Punitive damages in some cases
- Attorney fees and legal costs
If your credit report contains inaccurate information, you don’t have to suffer the effects of a poor credit rating. Call us today at 800-654-9517 to learn how to dispute an error on your credit report.
Free Credit Report Analysis
During your no-obligation consultation, attorney Paul Mankin will also prepare a free credit report analysis that identifies credit report problems. If you believe that some items are inaccurate, Paul will prepare a letter at no charge that you can send to the credit bureau. If it appears that the credit bureau has willfully included false or inaccurate information on your credit report, our lawyer Paul Mankin can also represent you at no charge, seeking full compensation for you.
Get Legal Help Today
Contact the Law Office of Paul Mankin by calling 800-654-9517 for help correcting inaccurate information on your credit report.
by Paul MankinHas a debt collector sued you, and then told you the paperwork you got was not a lawsuit?
DEBT COLLECTORS ARE NOT ALLOWED TO TELL YOU LEGAL PROCESS IS NOT A LAWSUIT OR THAT YOU DO NOT HAVE TO ANSWER.
Has a debt collector sued you, and then told you the paperwork you got was not a lawsuit?
Debt collectors and creditors have been known to file lawsuits and then lie to the person they sued, telling them the documents they received are not legal service, or a lawsuit. They may also tell the debtor there is no need to respond or that it is nothing to worry about. They do this in order to keep the debtor from responding so that they can easily get a judgment against them.
Once you have been sued and proper service issued, you have a certain number of days to answer the complaint in writing, and/or a hearing time and date where you can appear to answer the complaint in person. Failure to respond will enable the creditor or debt collector to get a default judgment against you. Once a debt collector has a judgment, they can then begin the process to garnish your wages.
Debt collectors and creditors may tell you that the documents you received are not legal service, or do not pertain to any lawsuit they have filed, in order to keep you from properly responding and thereby guaranteeing a judgment against you and their ability to begin garnishing your wages. They may even be able to collect their court costs, attorney fees, and interest on the original amount of the debt.
So, how do you tell if the documents you received are legal process and if you have been sued? There are two easy ways that you can verify whether or not a lawsuit has been filed against you:
- Examine the Summons. If you have been sued, the person who sued you must serve you with a summons and a copy of the complaint against you. The Summons will say “Summons”, usually at the very top center of the document. It will also have the name of the Plaintiff and the Defendant (you), usually in the form of “Company A, Plaintiff, vs. John Doe, Defendant”, near the top of the document as well as the name of the State and County, Parish, or borough where you have been sued. The Summons should also tell you that you have been sued by the person named as Plaintiff and explain how to respond and how many days you have to do so. It may also have a court seal, indicating that it is an official court document.
- Call the Clerk of Courts. If you cannot tell from the Summons, or you did not receive one, you can call the Clerk of Courts in your county, parish, or borough and ask if any lawsuits have been filed against you. If you have a debt collector’s or creditor’s name and/or a case/cause number in the documents you received, have that information ready to help the clerk find you in the system. The Clerk should be able to tell you if anyone has recently sued you, who has done so, and when you must appear in court.
Do not rely on a creditor or debt collector to explain any documents that you receive, especially if they indicate in any way that a lawsuit may have been filed against you. It is too easy, and too commonplace, for them to lie to debtors about legal process and lawsuits.
Has a debt collector or creditor lied to you about legal documents? Under the Fair Debt Collection Practices Act (FDCPA) and the Rosenthal Fair Debt Collection Practices Act (RFDCPA), creditors and debt collectors are not allowed to tell you that legal process service is not a lawsuit or that you do not need to respond to a complaint or summons.
If a collector has lied to you about legal process please contact our office at 1-800-219-3577, for a free, no obligation consultation.
by Paul MankinWho is calling me from 800-279-9048?
If you are getting calls from 800-279-9048, they are from IC System, Inc., a debt collection agency headquartered in St Paul, Minnesota. The agency provides debt collection services to a wide range of clients including healthcare providers, utility companies, government agencies and educational institutions.
Contact Information:
444 Highway 96 E
Saint Paul, MN 55127-2557
Phone: (866) 483-8595 and 800-279-9048
In the last three years, 517 complaints have been filed against IC System, Inc. with the Better Business Bureau (BBB) and 1,134 have been filed with the Consumer Financial Protection Bureau (CFPB), alleging violations of the Fair Debt Collection Practices Act (FDCPA), a federal law enacted to help protect consumers from unfair, deceptive, and abusive debt collection tactics. Complaints allege that IC System, Inc.:
- Refuses to provide enough information for consumers to verify the debt
- Falsely implies that consumers will be arrested if they do not pay
- Attempts to collect the wrong amount on a debt
- Speaks with third parties about a consumers debt
- Fails to provide consumers with the mini-Miranda
- Reports false credit information to the credit reporting bureaus
- Contacts consumers at work after being told the employer does not allow it
The debt collection agency has also been sued at least once for allegedly using abusive practices to collect on a debt from a consumer who repeatedly informed the company that she was not the person who owed the debt.
If you are getting collection calls from 800-279-9048, and the caller is using unfair, deceptive, or abusive practices in order to collect a debt from you, it is time to hold them accountable for their actions. Please contact our office for a free, no obligation case review at 1-800-219-3577.
by Paul MankinIs A.C.A. Recovery, Inc. Harassing You?
A.C.A. Recovery, Inc. is a collection agency located in Ridgewood, New Jersey. The agency has been doing business since 1998 and also uses the names ACA Recovery and Accredited Collection Agency.
Contact Information
50 E. Ridge Ave. #395
Ridgewood, NJ 07450
Phone: (800) 356-3713
The Consumer Financial Protection Bureau (CFPB), a federal agency created to help ensure that consumers are not abused by companies in the financial industry, reports no complaints against A.C. A. Recovery, Inc. Since 2015, two consumers have filed complaints against the collection agency with the Better Business Bureau (BBB) and one consumer chose to write a review instead of filing a complaint. The review was posted in December of 2016 and alleges a customer service representative of the agency called her an obscene name when she returned a phone call to them. One of the complaints is not available to the public and the other claims that the company falsely represented that its phone calls are from an attorney and that it refuses to provide a statement showing the consumer’s payments and the current balance of the debt. The Fair Debt Collection Practices Act (FDCPA) specifically prohibits debt collection agencies from falsely implying that letters or telephone calls are from an attorney and from using harassing or obscene language. Some other specific acts that the FDCPA prohibits include:
- Calling consumers before 8:00 a.m. or after 9:00 p.m.
- Falsely implying that a consumer has committed a crime or will be arrested for not paying a bill
- Using any language that the natural consequence of which is to make a person feel abused
- Threatening to take any action the collector does not intend to take
- Allowing a consumer’s telephone to ring continuously
- Calling consumer’s at work when they know the employer does not allow personal calls
- Contacting a consumer after being asked in writing to stop
- Failing to provide a consumer with basic information needed to verify a debt
The Act prohibits debt collectors from using many other unfair, abusive, and deceptive collection practices and this list is not all inclusive.
If you are being abused or harassed by A.C.A. Recovery, Inc. in its attempt to collect a debt, it is time they are held accountable for their actions. Please call our office at 1-800-219-3577, for a free, no obligation case review.
by Paul MankinCreditor Harassment: How to Sue for FDCPA Violations?
The Fair Debt Collection Practices Act (FDCPA) has been implemented and used for many years. As debts and credit are used as collateral in everyday life, there are bound to be moments where attempting to pay for the debt can be challenging for those working day to day.
It also doesn’t help when debt collectors sent from the creditor start to hound you at every turn you make. Whether it’s day or night, it seems like they will always be there reminding you about the debt you owe.
However, the FDCPA protects you against some of their practices. If you find that the debt collectors and creditors have overstepped their boundaries by harassing you, either through physical harm or excessive communications, you may be entitled to a fair settlement. Here is how to deal with FDCPA violations made by creditors and debt collectors.
Starting out – Who is involved
The first step to suing a debt collector or creditor that has violated FDCPA guidelines is to establish who violated the standards. This may seem a bit backwards, but depending on which party violated the laws may influence what steps are taken.
The simplest way to determine this is to get in contact with the parties involved. Contacting the debt collection agency may lead to strong conversations in regards to who decided to overstep their boundaries and call you past reasonable hours of business. If the debt collector was the one to make that decision, the state may argue that the entirety of the agency is at fault.
If the creditor is the one found to be in violation, the steps may be a bit different. Instead of getting the courts involved, it may be best to keep it out of the courts, and work to manage an out-of-court debt negotiation with leverage based on the FDCPA violation. However, if those do not work, suing the creditor may be your only option.
Establishing Reason and Cause
Once the party involved has been identified, the next step is to properly record and maintain the facts. In the instance of an FDCPA violation, the statements proving that the debt collector or creditor violated those standards may be in the form of phone call records, physical letters or emails sent by the parties, or statements and witness testimonies made about the harassment done to you by those parties.
If they are viable, it is imperative that you properly record and maintain the information in a safe place. Keeping the facts written down recorded means that they cannot be altered, and that they are hard evidence even in the future. This also ensures that, if the violators of the FDCPA attempt to go back and backtrack on their words, or attempt to twist and skew their own mistakes, you will have the evidence to prove them wrong and keep the negotiations, or court case, in full motion.
Choose your Avenue of Focus
If there has been reasonable cause that there has been a violation of the FDCPA, there are a few ways you can go about making your lawsuit. The starting point is who you would prefer to talk to about bringing this injustice to light, and how you want it handled.
The first option is to speak with a government agency about the FDCPA violation. One, if not the only, agency that takes care of these violations is the Federal Trade Commision, or the FTC. You may also contact the Consumer Financial Protection Bureau, or the CPB. Both agencies may take a bit longer in terms of getting the case handled and properly taken care of, but they hold a lot of weight. When dealing with companies such as a medical conglomerate, big names are sometimes what you do need to push your case forward.
Another option is to report the violation of FDCPA to the state attorney general. If the FDCPA is being violated, they may also be in violation of a few state laws that should be brought up. Contacting the state attorney general may give you an opportunity to find more information and leverage against the violator of the FDCPA. Not only that, if the state attorney general finds that the debt collectors have been in violation on more than one occasion, they may even sue on behalf of the state, alleviating some of your issues and worries.
Lastly, although this does not constitute a lawsuit, you may use the violation as leverage during debt negotiations. If you know that the debt collector and/or creditor are in violation of the laws, bringing that to the negotiations may gain you leverage in how much you can ask for and how much you can have waived. This is due to the creditor and/or debt collector not wanting to have to tangle with the higher courts. If it is seen as too much of a hassle, they may cave and follow your stipulations to not have the violations openly brought before the courts.
Find an experienced legal advisor
The last step in a lawsuit against the FDCPA is to find a strong legal advisor or attorney to help with the legal process. An attorney will not only be able to manage and categorize your information and evidence, they will also ensure that any shady tactics or loopholes are not exploited when in communications with the other parties involved. They will help to ensure that you get the proper amount you need and deserve for the violations and problems the debt collectors and creditors have caused to you.
by Paul MankinWho is calling me from 1-800-444-1944?
Are you receiving harassing phone calls from 1-800-444-1944. This number belongs to BCA Financial Services, a debt collection agency located in Palmetto Bay, Florida. The agency provides debt collection services to medical and healthcare providers.
Contact Information:
18001 Old Cutler Rd STE 462
Palmetto Bay, FL 33157-6437
Phone: (305) 909-2200 and 1-800-444-1944
Complaints for FDCPA violations have been filed against BCA Financial Services with the Better Business Bureau (BBB) and the Consumer Financial Protection Bureau (CFPB). These complaints allege BCA Financial Services engages in collection practices such as:
- Calling consumers before 8:00 a.m. or after 9:00 p.m.
- Falsely reporting credit information to the credit reporting agencies
- Failing to provide debt verification to consumers
- Continuing to attempt collection on a debt before providing verification and/or after being asked in writing not to contact the consumer
These are all Fair Debt Collection Practices Act (FDCPA) violations, a federal law enacted to help protect consumers from abusive, deceptive, and harassing practices by debt collectors.
If you are getting harassing phone calls from 1-800-444-1944, please contact our office for a free, no obligation case review at 1-800-219-3577. We will also explain how to stop harassing phone calls.