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by Paul Mankin

Has a debt collector or creditor sued you and failed to properly notify you of the lawsuit?

DEBT COLLECTORS AND CREDITORS ARE NOT ALLOWED TO SUE YOU WITHOUT GIVING YOU NOTICE THAT YOU HAVE BEEN SUED.

Has a debt collector or creditor sued you and failed to properly notify you of the lawsuit?

All lawsuits require proper service; meaning the plaintiff must provide the defendant a copy of the complaint against them and a summons, which tells them how and when to respond to the Complaint. While there are a few different options for proper service, the main one used in a new lawsuit is sheriff’s service. With this type of service, a sheriff’s deputy will personally deliver the summons and complaint to the address listed on the summons. If no one who appears to be at least 18 years old is home, the deputy will leave the documents on the door. Most sheriffs’ departments also mail a copy of the service documents. Once a person has been ‘served’ by the sheriff’s department, the sheriff will file a return of summons with the court, showing that it mailed and personally delivered a copy of the summons and complaint. The return will also generally say whether copies were personally handed to someone at the address or if they were left on the door. The other main type of service that may be used is certified mail. If a summons and complaint are mailed by certified mail someone at the address must sign for the documents and their signature is returned on a signature card to the court or to the person who mailed the documents. When the signature card has been returned to or filed with the Court, service has been completed.

It is not uncommon for a Plaintiff to have the wrong address for a Defendant nor is it unheard of for the person living at that address to accept legal service for someone else and then ignore it. However, if a Plaintiff cannot prove that the proper person was served, service it not complete and the Plaintiff cannot proceed to the wage garnishment part of the lawsuit.

Debt collectors and creditors may not care if they serve the proper person though, as long as it appears that service was completed or no one notices that it was not. This way, they can prevent you from responding and can go right to garnishing your wages. Not only does failure to properly serve a defendant notice of a lawsuit violate state rules of civil procedure, it violates the FDCPA and RFDCPA, which prohibit debt collectors and creditors from using any unfair or unconscionable means to collect or attempt to collect the alleged debt.  Suing someone and not providing them with notice of the suite or allowing them a chance to respond in order to skip easily to garnishing their wages is clearly unfair.

Has a creditor or debt collector sued you and not properly served you with the summons and complaint? Contact our office today at 1-800-219-3577, for a free, no obligation consultation. 

by Paul Mankin

Is Genpact Services, LLC calling and harassing you?

Genpact Services, LLC is a debt collection agency headquartered in Southgate, Michigan. It has been in business since 1997 and provides business services, including debt collection, to companies across the country. 

Contact Information:

P.O. Box 1969

Southgate, MI 48195

Phone: 877-704-2248

https://www.genpact.com/

The Better Business Bureau (BBB) and Consumer Financial Protection Bureau (CFPB) report no consumer complaints filed against Genpact Services, LLC in the last three years. Two consumers did however post reviews of Genpact Services, LLC on the BBB’s website. One reviewer alleges that the collection agency failed to credit the proper account for their payment and continued to report the account as delinquent to the credit reporting agencies. The other reviewer maintains that the company called up to five times per day and customer service representatives refused to identify themselves as debt collectors.

The Fair Debt Collection Practices Act (FDCPA), a federal law enacted to help protect consumers from deceptive, unfair, and abusive collection practices prohibits debt collectors from using certain tactics in order to collect on a debt, including failing to identify themselves as a debt collector and reporting false information to the credit reporting agencies. Other specific practices the Act prohibits include:

• Failing to provide debt validation to a consumer
• Falsely implying that a consumer can be arrested for not paying a bill
• Calling a consumer before 8:00 a.m. or after 9:00 p.m.
• Continuing to call a consumer after receiving a letter asking them to cease all contact
• Calling a consumer at work when it knows the employer prohibits this type of call
• Attempting to collect fees that were not provided for in the original contract
• Using profane, obscene, or abusive language
• Advertising a debt for sale in order to coerce payment from the debtor

The Act gives consumers a cause of action against a debt collector who has violated any of its provisions. A lawsuit filed under the FDCPA can result in the debt collector being ordered to stop communicating with the consumer, forgive the balance due on the debt, pay the consumers’ attorney fees, and even pay the consumer for each violation of the Act the court finds that it committed.

If Genpact Services, LLC is using any 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 consultation at 1-800-219-3577.

by Paul Mankin

What Evidence do I need to File a Claim Under the FDCPA?

Evidence required to support a claim under the Fair Debt Collection Practices Act varies based on the way that the Act was violated by the debt collector. Depending on the type of violations committed by the collector, you may need written evidence, audio recordings, or testimony of witnesses.

Written Evidence

If you received communication from a debt collector that may violate the FDCPA you will of course want to save it as evidence to support your claim. Other documentation that was not sent to you may be proof of a violation as well. Written evidence that the Act was violated may include:

• A published list of consumers who allegedly refuse to pay a debt
• An advertisement that the debt you owe is for sale
• A letter that threatens to take any action against you
• Any communication falsely made to look like it was approved or issued by a Court or government agency
• Postcards from the debt collector
• A letter that indicates that not paying a debt is a crime or falsely represents that you may be arrested
• Any letter that appears to be from an attorney, but is not

It is a good idea to save all communication you receive from a debt collector until your attorney can review it and determine if it violates the FDCPA and should be kept as evidence.

Audio Recordings

Voicemails and messages left on your answering machine can be good evidence of a FDCPA violation and should be saved for your attorney to review. You may need to transfer the audio to a flash drive, CD, or other media that can be sent to the debt collector’s attorney or played in court, if you have to have a hearing. You can also record conversations that you have with the debt collector if you know how to do this. If a collector is harassing you, it might be a good idea to find out how to record your conversations and begin doing so.

Even if you have not recorded any of your conversations with the debt collector and do not have recordings of messages that they have left, you might be able to obtain the collector’s recordings of your calls with them if you keep a log of the times and dates of the calls. An experienced attorney can help you do this.

Witnesses

Most FDCPA claims do not involve witness testimony, but if your claim involves the debt collector communicating with a third party about your debt, you might need that third party to testify about those communications.

If a debt collector or creditor is harassing or abusing you, or of you have filed a lawsuit against one and think you may need the help of an attorney, please contact our office at 1-800-219-3577, for a free, no obligation consultation. 

by Paul Mankin

Has a debt collector or creditor threatened to sell a debt you allegedly owe and told you that the sale of the debt would deprive you of any legal defense or claim?

THE SELL OR TRANSFER OF A DEBT DOES NOT DEPRIVE YOU OF YOUR LEGAL RIGHTS AND COLLECTORS ARE NOT ALLOWED TO TELL YOU THAT IT WILL.

Has a debt collector or creditor threatened to sell a debt you allegedly owe and told you that the sale of the debt would deprive you of any legal defense or claim?

Creditors and debt collectors are not allowed to use deceptive means to collect on a debt, and telling you that you will lose any of your defenses to payment of the debt is deceptive and a violation of the law. Debt collectors are also prohibited from telling you that you will lose your rights under the Fair Debt Collection Practices Act (FDCPA) once a debt is sold or transferred, as this is not the case.

Regardless of how many times a debt is sold or transferred, a consumer retains the same legal defenses and protections offered by the FDCPA and the Rosenthal Fair Debt Collection Practices Act (RFDCPA) that they would have if the debt were never sold or transferred.

Some of these defenses include:

• The debt has been paid
• The amount of time allowed by law to collect on the debt has expired
• The debt has been discharged in bankruptcy
• The debt does not belong to you
• The amount of the claimed debt is incorrect

Protections offered by the two Acts include:

• The right to receive verification of the debt
• The right to not be abused, harassed, or annoyed by a collector
• The right to dispute the debt and stop collection calls

These lists are not exhaustive and do not include all of your legal claims, defenses or protections against a debt collector.

If a debt collector or creditor has threatened to sell a debt you allegedly owe and told you that the sale of the debt would deprive you of any legal defense or claim, please contact us for a free, no obligation case review at 1-800-219-3577.  

by Paul Mankin

Has a debt collector continued to call you or speak to you after you informed them that you had an attorney

Has a debt collector continued to call you or speak to you after you informed them that you had an attorney?

After continuous and repeated calls from a debt collector, you decide to hire an attorney, such as the Law Office of Paul Mankin, to help assert your rights. During the next call, you inform the debt collector that you have an attorney and provide that attorney’s address. You believe that the calls are going to stop; however, they keep coming.

Under the FDCPA, once a debt collector knows that an attorney represents you, then that debt collector may no longer communicate directly with you. Instead, all future communication must be with your attorney.

Please contact our office for a free, no obligation consultation at 1-800-219-3577. If after the consultation you decide to retain our services, we can lessen your burden by handling all future communication with the debt collector on your behalf

by Paul Mankin

Fair Debt Collection Practices Act

Free Online Book San Diego Lawyers Protecting Debtors From Creditors’ FDCPA Violations

It’s not an unusual scenario: A creditor calls you again and again, often alluding to bad things that might happen if you do not pay. At the Law Office of Paul Mankin, we often represent people who have been harassed in this way by debt collectors, sometimes for debts that are not even theirs.

There are many things that creditors do to harass and threaten debtors.

These things are illegal under the Fair Debt Collection Practices Act:

• Calls before 8 a.m. and after 9 p.m.
• Multiple calls in a day
• Calls to your workplace
• Calls to friends, family members or references
• Disclosure of personal information about you or your debts to others
• Threats of lawsuits or wage garnishments
• Other actions that make you feel abused or harassed

We Make Harassing Debt Collectors Pay You

If a debt collector violates the FDCPA, you could be compensated by the collection agency for anywhere from $100 up to $1,000, as well as for the actual damages you experienced and the attorney’s fees you incurred.

What does this mean for you? It means that you do not have to worry about the cost of hiring a lawyer. In 95 percent of the cases we handle, the debt collector involved ends up paying our attorney’s fees – not the client.

What To Expect When You Work With Us

When you work with us, you can expect a legal team that fights hard for you in California courts. You can expect an attorney who talks with you in straightforward ways about your rights. You’ll never be overwhelmed by legal jargon or court procedures that you just don’t understand.

Instead, you will work closely with one or our experienced lawyers from the moment we take your case until matters are resolved. We are genuinely concerned for your well-being and want to make sure that the creditors who harass you are immediately stopped.

Get Help. Stop Collection Calls.

Call us toll free at 800-219-3577 or contact us online. You may also download our free online book.

by Paul Mankin

Is the debt collection agency Alltran Education, Inc. harassing you?

What is Alltran Education, Inc.?

Alltran Education, Inc. was founded and incorporated in Illinois on August 3, 1988 and is managed by its chief operating officer, Mr. Sean Dickson. Alltran Education, Inc., which also operates under the aliases “Enterprise Recovery Systems, Inc.” and “URS Holding, LLC,” is a debt collection agency that helps companies collect debts from their customers, including clients from higher education, logistics, and the government. Among other services, they provide federal loan recovery, accounts receivable recovery, virtual agents, international collections, skip tracing, free credit bureau reporting, first-party inbound/outbound call center services, and services for parking violations, traffic tickets, court fees, water bills, sewer bills, waste management bills, and inbound/outbound calls, letter and emails.

Is Alltran Education, Inc. a legit Debt Collection Agency?

Yes, they are legit. Alltran Education, Inc. has been recognized by the Better Business Bureau (BBB) since July 15, 1992 but is not BBB-accredited. Alltran’s business practices are spread out among at least three different operations, which can be suspicious but is not necessarily an indication of illegitimacy. The debt collection agency maintains an A+ BBB rating and appears to take consumer complaints seriously.

Alltran Education, Inc. Contact Information:

840 S Frontage Rd

Woodridge, IL 60517-4900

(630) 574-3113 (phone)

(630) 574-0110 (fax)

http://alltran.com/

What kind of complaints does Alltran Education, Inc. have against them?

Alltran Education, Inc. has received 25 BBB consumer complaints and an astonishing 900+ Consumer Financial Protection Bureau complaints. As a debt collector of federal student loans, it is unsurprising that the majority of complaints involve attempts to collect improper amounts (i.e., more than what is owed) and collection attempts that amount to harassment under the Fair Debt Collection Practices Act (FDCPA) and Rosenthal Fair Debt Collection Practices Act.

Are Alltran Education, Inc.’s Practices Legal?

Under the Fair Debt Collection Practices Act (FDCPA), it is unlawful for a debt collector to make false representations when attempting to collect a debt. Many complaints against Alltran Education, Inc. involve activity amounting to more than harassment and that actually qualify as false statements, including purporting to have authority to have debtors arrested for nonpayment irrespective of whether the amount being collected is accurate or overdue. These practices are unlawful under the FDCPA and could entitle you up to $1,000 statutory damages, as well as other state and federal remedies.

How can I defend myself against a debt collector like Alltran Education, Inc.?

Complaints regarding Illinois–based collectors can be made to the Illinois Attorney General’s Office. Questions or complaints regarding Springfield-based collectors specifically can be directed to 1-800-243-0618. Complaints regarding a collector in any state may be filed with the Federal Trade Commission at www.ftc.gov or (877) FTC-HELP (877-382-4357), and complaints regarding any collector or other business can be made at BBB complaints. To learn more about how the federal government regulates debt collection and protects debtors and other individuals from debt collector harassment, see FTC Debt Collection pamphlet.

If you believe you have a claim for collector harassment or are a victim of another violation of state or federal debtor’s rights, you should speak with a consumer rights lawyer or debt collection harassment attorney immediately. Contact us today to discuss your matter and see how we can help at no cost to you.

by Paul Mankin

Is the debt collection agency AMO Recoveries harassing you?

Debt collection agencies have been in business for many decades, with some of them being more straight and narrow than others. However, in this day and age, it’s more likely that you will run into a scammer attempting to get your hard earned money by lying and stating you have an outstanding debt to pay.

In these cases, it pays to know which debt collector is contacting you, and how to protect yourself from debt collection harassment. With such companies like AMO Recoveries, it can be difficult to know if they are legit or not. So, let’s go over what you need to know about AMO Recoveries, and if you should be worried about them or not.

What is AMO Recoveries?

AMO Recoveries is listed as a debt collection agency, and deals primarily in the buying of debts, as well as helping to consolidate debts and outstanding balances. They primarily serve the Pacific Southwest, and are relatively small.

Is AMO Recoveries a legit Debt Collection Agency?

There is no listed start date for the business on the Better Business Bureau’s database, and the BBB file was only opened in 2002. It is said to be owned and run by a Ms. Kathy Hronek, who used to be accompanied by a Mr. David Miers and Mr. Marc Johnston. However, those are listed as formers. They have no BBB rating, which distinguishes whether or not a company is reputable or not, and they are not accredited by the BBB either. All of these suggest that they are not exactly as clean as they would hope.

AMO Recoveries Contact Information

Address: 5655 Peachtree Pkwy Suite 213 Norcross, GA 30092-2828

Phone Number: 623-934-6800

Other Phone: 800-546-0407

Fax Number: 623-934-6842

Alternate Names: Asset Management Outsourcing

Other Name: National Recovery Services

Other Name: Collections Unlimited Inc

Other Name: Asset Management outsourcing Recoveries Inc

Does AMO Recoveries have Complaints against them?

AMO Recoveries has no listed complaints against them under their current title. The BBB database has no listed complaints or reviews of them on their website. The Consumer Financial Protection Bureau’s Consumer Complaint Database also holds no complaints against them under that name.

However, AMO Recoveries has many alternative names that they are known by, and associated with. If you look up the name Asset Management Outsourcing Inc on the CFPB’s CCD, there are over 420 complaints lodged against them.

When searching for National Recovery Services, they have 8 complaints made against them on the CFPB’s CCD.

What kind of Complaints have been made?

Of the many complaints made against AMO Recoveries under their alternative names, over 90% of them are based on debt collection issues and complications. These range from debts that are not the consumers due to identity fraud or other such circumstances, to the debt outright not being the consumers, and AMO Recoveries attempting to force and coerce consumers into paying for a debt they never accrued in the first place.

Some of the other issues that are listed include credit reporting issues, and issues of AMO Recoveries not informing consumers of the debt properly, with no written notification of a chance to dispute the debt before the debt is considered overdue.

Are the Practices of AMO Recoveries Legal?

 According to the Fair Debt Collection Practices Act (FDCPA), the laws that govern how debt collectors are allowed to collect, and what practices may be implemented. For instance, a debt collector may not use threatening or abusive language in an attempt to elicit a payment from a consumer. They may not use misinformation or intentionally vague tactics in an attempt to get a consumer to pay for a debt, and if they are asked to stop harassing a consumer, they must stop.

If the allegations are true, AMO Recoveries has broken several of the Fair Debt Collection Practices Act laws, as their complaints specifically state that they have attempted to force their way in, through continued attempts of calling consumers, and threatening them with abusive language. They also misdirect consumers by calling them about debts that are not under their name, or that have already been verified as not the consumer in question.

How can I protect myself and fight back against AMO Recoveries?

There are plenty of ways for you to protect yourself against such companies like AMO Recoveries. The first step you should take is to ask for verification and authorization of the debt. This can be done by asking to get in contact with the original debt owner, and asking for documentation from them. If they cannot verify the debt, then you are under no obligation to pay.

Not only that, make sure to confirm that the debt collector calling you is authorized to collect on the debt in the first place. If they are not authorized, then you may be getting scammed.

If they still continue to harass you, then it may be time to find an experienced debt collection harassment attorney to help fight against such debt collector harassment. We here at the Law Office of Paul Mankin, APC are known to have an experienced and knowledgeable set of attorneys and lawyers that can help you build a case against these debt collectors. We can assist you in identifying the debt collector harassment, as well as putting a stop to it and reporting the harassment to the proper authorities.

Not only can we help you to defend against harassment, we can also help to build a case, and assist you in understanding where the illegal collection patterns are for debt collectors. We are also able to help facilitate any communications or discussions between the parties, ensuring that nothing you say can be used against you.

The most important bit of information in your fight is to always remain vigilant. No matter who you have at your side, it can seem like a daunting battle against such a large company and agency. If you have ever been the subject of:

• Multiple calls per week from a third party collection agency
• Multiple calls in the early morning or late night from debt collectors.
• Violent and belligerent language and harassment from debt collectors.
• Threats of arrests or poor credit due to outstanding debts.
• Having your friends, family, and coworkers harassed from debt collectors.
• Automated robocalls from third party collection agencies.

Then you may have a case available. So do not wait, make sure to give us a call, and get started fighting back against the debt collection harassment.

by Paul Mankin

Are you being harassed by the debt collection agency 4M Collections, LLC?

4M Collections LLC is a debt collection agency that has a few consumer complaints lodged against them for harassment and improper collection methods. Learn about who they are, and how to protect yourself from their harassment from the credit card companies.

Who is 4M Collections LLC?

4M Collections LLC, also known as Discovery Financial Services, is a debt collection agency that resides out of Vancouver, Washington. Founded in 1996, they have been in business for close to 23 years. They have one primary office, but are known to operate in smaller locations across the U.S.

Their primary business is to collect on debts and overdue payments through both Discovery Financial Service, and will also buy out some debts. However, they are known to collect on authority of many credit card companies. It has not been confirmed that they are connected with Discover Bank.

How can I contact 4M Collections?

They are located at 9707 NE 54th St Ste A, Vancouver, WA 98662-6345.

They are able to be contacted through fax and phone. These numbers are:

Fax – 1-(316)-604-8948

Phone – 1-(316)-604-8514

Their business management is headed by Ms. Melinda Chumbley, who is also their primary customer support contact.

Are they a Scam?

Unfortunately, they are very much legit and grounded. 4M Collections has been established since 1996, and currently hold an A rating with the Better Business Bureau. However, that does not take into account their customer reviews when getting the rating, and they are not BBB accredited.

How many Complaints are there against 4M Collections?

Against 4M Collections specifically, there are quite a few. According to the Consumer Financial Protection Bureau, there have been upwards of 19 total complaints against 4M Collections specifically. The Better Business Bureau has 3 consumer complaints listed as closed within the last 3 years, as well as 1 complaint closed as recently as the last 12 months.

Many of these complaints come from debt collector harassment. Specifically, the harassment came from credit card companies’ debts, and many of the debtors were getting harassing phone calls from debt collectors. In these cases, 4M Collections has been seen wrongfully calling debtors through wrong numbers, as well as calling anyone that appears to have the same name as the debtor in cases as listed on the CFPB.

Not only have there been complaints against 4M Collections, but the complaints against Discovery Financial Service have also included such practices as using ghosted or cloned phone numbers. In a complaint lodged on 05/02/2019 to the Better Business Bureau, a consumer states that their employer was the target of debt collector harassment through a usage of a ghosted number, and would be pried for information or business details.

These are just a few select samples of the complaints lodged against 4M Collections LLC, or Discovery Financial Service.

Can 4M Collections LLC do this to me?

What 4M Collections LLC has done to those that have lodged complaints is extremely illegal and goes against federal law. They can attempt to do so, and may resort to harassing through phone calls, emails, or physical mail as well. However, the length of time that a debt collector is able to harass you over a debt is minimal.

If you feel like you are being harassed by debt collectors, we have ways to stop debt collection harassment. If 4M Collections LLC has been threatening you, or attempting to coerce you to pay a debt that you do not believe is yours, do not hesitate to reach out and get proper help.

What can I do to stop the harassment?

There are a number of ways to deal with the debt collector harassment. The first thing to do, however, is to contact a debt collector harassment lawyer or attorney. An attorney will be able to set any situations straight, and ensure that you understand what harassment is, and label it as such. For instance, they will be able to walk you through the steps of how to report debt collector harassment, and identify the patterns and practices that would be considered harassment by a debt collector. These include practices such as ghosted phone calls, robo calls, and wrong number calls and misleading collection information.

However, there is one problematic issue. To ensure that you enforce your rights as a debtor and consumer, as well as ensuring that your recover your money and time for violations, you must push to sue 4M Collections. If you have been wronged by them, the laws provide individuals, such as yourselves, the proper tools and regulations to help seek monetary damages in a court of law.

If you are being harassed by the collection agency 4M Collections LLC, or Discovery Financial Service, please give us a call at 1-800-219-3577 for a free no obligation case evaluation.   We are experienced debt collection harassment attorneys.

We will be able to get you the proper care that you need, as well as set you on the correct legal path to regain any lost time and money that may have been collected from you through undue and illegal means