by Paul MankinWhat Happens If I Owe Income Taxes?
What Happens If I Owe Income Taxes?
If you filed your income taxes showing an amount due and did not send the money, the Internal Revenue Service (IRS) or your state Department of Revenue will send you a bill or a letter asking you to pay the amount due or call to make payment arrangements. Failing to make payment arrangements or pay the bill could result in interest and penalty charges, wage garnishment, a bank account levy, or a tax lien against your property.
What You Should Do If You Owe Federal Income Taxes
According to the IRS, if you owe income taxes and cannot pay, you should still file your return by the deadline, and then call it at 800-829-1040 to discuss payment options. Depending on your circumstances and the amount owed, you may be able to get an extension of time to pay, work out a payment plan, or settle the bill for less than you actually owe. The IRS may even waive penalties and delay turning your account over to collections until you can pay.
If you do not pay your tax in full by the extended due date or according to a settlement agreement or do not stick with your payment plan, the IRS may put a lien against your property, levy (take) your bank or retirement account or federal benefits, garnish your wages, or seize your personal property, such as a car, boat, or real estate. At the very least, the IRS will keep any future federal income tax return until your bill is paid in full.
What You Should Do If You Owe State Income Taxes
Just like the IRS, the state Department of Revenue can levy your accounts, put a lien against your property, and seize your wages and assets if you fail to pay your bill. So, you should go ahead and file your return on time, and then contact the Department of Revenue about payment options. Most likely, you will receive a bill and information about your options shortly after your return is processed. Whatever you do, do not ignore a bill from your state Department of Revenue. Not only will the unpaid bill will damage your credit, but some states are very aggressive about recovering taxes due and will take your bank account or garnish your wages with very little notice to you before they do.
If you are being threatened with garnishment or a levy, please contact our office at 1-800-219-3577, for a free, no obligation consultation.
by Paul MankinIs the debt collector Comenity Bank harassing you?
COMENITY BANK COMPANY PROFILE:
Name: Comenity Bank
Mailing address: PO Box 182273 Columbus, OH 43218-2273
Corporate headquarters: One Righter Parkway, Suite 100, Wilmington, Delaware
Phone Numbers: 1-800-675-5685, 1-855-506-2496
President and CEO: Ed Hoffman
Annual Revenue: $12 million
Website: https://comenity.com/
LinkedIn Profile: https://www.linkedin.com/company/comenity/
INTRODUCTION:
Comenity Bank is a state-chartered commercial bank. First incorporated in Delaware in May 1989, it provides branded and co-branded credit cards to retail consumers. It works with retail establishments such as Abercrombie & Fitch, Motorola, Victoria’s Secret and many others. Comenity itself has around 25 employees, and it maintains no branch office.
Comenity Bank and Comenity Capital Bank are the credit card banking subsidiaries of Alliance Data Systems Corporation.
CONSUMER COMPLAINTS:
Comenity Bank has been the subject of an exceptionally high number of consumer complaints.
BETTER BUSINESS BUREAU:
The Comenity Bank Better Business Bureau (BBB) profile reveals a “C” rating , which is abysmal, since even businesses with poor customer reviews commonly receive A+ ratings. Its customer review score was even worse — one star out of a possible five stars. An astonishing 2,673 complaints against Comenity have been closed in the last three years, 946 of which occurred during the last 12 months alone. Comenity is not BBB accredited.
CONSUMER AFFAIRS COMPLAINTS:
Consumer Affairs, a privately owned consumer watchdog, has received numerous complaints about Comenity Bank. Following is a small sample of some of the negative reviews (which seem to predominate):
- Adding small amounts to the bill to cause the debtor to default on payment, as an excuse to charge a late fee that adds up to far more than the defaulted amount.
- Deducting 100 times more than the authorized amount from a debtor’s bank account ($5,277 instead of $52.77).
- Charging a finance charge even though the debtor paid in full before the deadline.
- Repeatedly assessing unjustified late fees.
- Excessive and compounding late fees (charging another late fee for failing to pay an original late fee on time).
- The fine print: “No interest if you pay within 12 months” really means “If you’re even one day late, we will retroactively assess all of your late fees for the entire year.” A consumer might, for example, miss $50 of a single payment and as a consequence, be charged $500 in interest that would not otherwise have been accrued.
LAWSUITS AND SETTLEMENTS:
In 2015 the Federal Deposit Insurance Corporation (FDIC), the US government entity with authority over the nation’s banking system, sued Comenity Bank and Comenity Capital Bank over deceptive marketing of add-on products, and settlement was reached in 2015. Among other terms, it required Comenity to pay $2 million in civil fines, as well as a shocking $53 million in refunds to consumers who were harmed by Comenity’s deceptive practices.
More than one lawsuit has been filed against Comenity Bank for violation of the Telephone Consumer Protection Act (TCPA) by Comenity in the process of debt collection. The TCPA prohibits robocalls — repeated automated dialing calls. One plaintiff, for example, complained that she had received 500 robocalls from Comenity.
Below is a very incomplete list of some of the other lawsuits that have been filed against Comenity Bank:
It is important to point out that, to the extent that Comenity Bank is an original creditor (as opposed to a third-party creditor such a debt collection agency), you wouldn’t expect all that many lawsuits against them, because their agreements with their debtors almost always contain enforceable arbitration clauses, which keeps disputes out of court.
YOUR LEGAL ARSENAL:
Federal law, as well as many state laws, strictly regulate the behavior of debt collectors. California state law, for example, is particularly protective of consumers. Following is a list of statutes that govern debt collector behavior. All of these statutes are federal, meaning that they apply everywhere in the US, unless proven otherwise.
- The Fair Debt Collection Practices Act (applies to third-party debt collectors);
- The California Rosenthal Fair Debt Collection Practices Act (applies only in California);
- The Telephone Robocall Abuse Criminal Enforcement and Deterrence Act; and
- Many other state and federal statutes.
EXAMPLES OF ILLEGAL DEBT COLLECTOR BEHAVIOR:
Here are some kinds of behavior that state and federal laws forbid:
- Calling you late at night or early in the morning;
- Calling you repeatedly to the point of harassment;
- Sending out confusing or deceptive debt collection letters;
- Misstating the amount of the debt;
- Falsely claiming to be an attorney;
- Threatening to take action that the debt collector has no legal right to take, such as garnishing your paycheck before receiving a court judgment against you;
- Attempting to collect a debt that has already been paid in full;
- Attempting to collect a debt that is subject to a bankruptcy stay;
- Attempting to collect a debt that has already been discharged in bankruptcy;
- Trying to collect a debt for which the statute of limitations deadline for filing a lawsuit has already expired;
- Adding fees and charges to your debt that you did not originally agree to (in a loan agreement, for example);
- Contacting third parties and telling them about your debt (your employer, for example);
- Robo-calling you;
- Threatening you;
- Using profanity; and
- Many other abusive or improper activities too numerous to list here.
GET SOMEONE ON YOUR SIDE:
Paul Mankin has been protecting consumers against creditor abuse for many years now, with a strong of victories under his belt. You don’t have to allow creditors to turn you into their punching bag. If you are being harassed or abused by Comenity Bank or another debt collector over a debt, contact the Law Office of L. Paul Mankin, APC for a free consultation. We can be reached by phone at 1-800-219-3577 or by completing our online contact form (scroll down).
by Paul MankinIs it illegal for a car dealership to run credit without your permission?
The simple answer is: yes and no.
When a consumer seeks to finance the purchase of a car through a dealership or through a third-party institution (i.e., a bank), the dealership performs a “hard” credit inquiry. Hard credit inquiries are conducted when a consumer applies for credit or a loan and can only be done with the consumer’s knowledge and consent. Thus, it is illegal for a car dealership to run a “hard” pull of your credit without your permission.
A dealership may, however, conduct a “soft” inquiry (or soft “pull”) of a potential buyer’s credit without the consumer’s knowledge or permission. A soft credit inquiry is one that does not appear on a consumer’s credit report or affect a consumer’s credit score. It is often used for higher level screening purposes, such as by a prospective employer assessing an applicant’s overall financial responsibility. Soft inquiries are also used for credit pre-approval or to get an idea of how much credit is presently available to a particular consumer, such as a potential car buyer.
A dealership never has to run a shopper’s credit report if the shopper is paying with cash or if they have already secured financing through a third-party. There are, however, reasons that a dealership would want to see a shopper’s credit even if the shopper insists that financing is being handled elsewhere.
Even if a dealership does not offer or arrange financing, insight into a consumer’s credit history can help the dealership in negotiating the best possible price for a vehicle. If a consumer has access to a good amount of available credit, for example, a dealership might set a higher initial price or might take a harder line during negotiations because they know the consumer has access to a certain amount of money.
A dealership that offers in-house or institution-associated financing has the added incentive of peeking into a shopper’s credit because financing a vehicle purchase maximizes the value of the overall sale. Dealerships often offer competitive auto loan rates as an incentive for buyers to purchase the desired vehicle from them. In order for a dealership to effectively use a competitive financing rate during negotiations, the dealership needs to be reasonably sure it will be able to get the customer approved for the offered financing.
Even if it is legally permissible to run a soft credit check without a consumer’s permission, you might assume that you would at least have knowledge that the check is being performed since the dealership needs certain information in order to run the credit inquiry, such as name, birth date, and tax ID or social security number. Auto dealers are notoriously crafty, however, and they use a number of tactics to get a consumer to hand over this vital information as early in the shopping process as possible.
Some dealerships are downright unscrupulous, but others simply rely on the average consumer’s lack of legal knowledge to gain access to their credit. For example, it is true that the Federal government requires auto dealerships to collect certain information—information very similar to what is provided on a credit application—when a consumer makes a cash purchase totaling $10,000 or more. While the dealership is only required to collect that information prior to completing the sale, however, dealers often request that information early in the process under the guise of “getting things started” and suggesting it will save the consumer time. In some cases, a dealership might even tell the shopper the information is required before the dealership will begin discussing pricing. However it is obtained, once the dealership has the consumer’s vital information, they can use it to run a soft credit inquiry without the consumer’s express consent.
If you believe a car dealership has run your credit without your permission, give us a call at 1-800-219-3577 for a free not obligation case evaluation.
by Paul MankinIs the debt collection agency Aspen National Financial harassing you?
With such a beautiful name such as Aspen National Financial, you wouldn’t think that they would be a cold-hearted debt collection agency that would be trying to get every single dollar out of your wallet. However, that is just the case. Aspen National Financial is just one debt collection agency that works to try to collect on debts that may or may not be yours, hoping to make just a quick buck. So, are they legitimate? Or is Aspen National Financial a scam that you should be careful of? Here are the facts that you need to know if you have been contacted by them, and how to protect yourself.
What is Aspen National Financial?
Aspen National Collections is known as a collections agency that deals primarily with general debts and overdue debts. They are headed by John Brewer, who is listed as the president of the company. They reside out of Colorado, and serve the New Mexico and Southwest Colorado area.
Is Aspen National Financial a legit Debt Collection Agency?
Aspen National Financial should be considered a legitimate debt collection agency. They were opened in early 2000, and their Better Business Bureau file was opened late 2000. They became accredited later that same year as well. They go by Aspen National Financial Inc. as well, so it is wise to distinguish these names. They currently have an A+ rating with the BBB.
Aspen National Financial Contact Information
Address: 827 Rood Ave Grand Junction, CO 81501-3433
Phone Number: 1-970-263-7320
Other Phone: 1-800-283-2797
Other Phone: 1-800-981-9420
Fax Number: 1-970-263-7309
Does Aspen National Financial have Complaints against them?
Aspen National Financial has a few complaints made against their company. Through the BBB database, there is one registered complaint made against them in 2019.
Through the Consumer Financial Protection Bureau’s Consumer Complaint Database, there are 89 complaints tied with Aspen national Financial.
What kind of Complaints have been made?
Of the 90 complaints made between the BBB database and the CFPB’s CCD, 87 deal with debt collection issues and complications, while 3 of them deal with mortgaging problems and credit reporting issues from Aspen national Financial.
Many state that Aspen National Financial used harassing language, and threatened legal action when consumers would not pay up. They also disregarded consumer requests for them to stop calling, and directly broke the Fair Debt Collection Practices Act’s (FDCPA) guidelines and laws.
PACER also has a case on file from 2012, when Aspen National Financial Inc. attempted to contact a New York resident about a $313 debt. This resident, Gail Lockhart, stated later that the debt collection harassment extended towards her work and home and family, with the representatives apparently calling up to 3 times a day despite Ms. Lockhart’s request for them to stop.
Because of this, Gail Lockhart took them to court over FDCPA violations which included:
Are the Practices of Aspen National Financial Legal?
If true, these practices by Aspen National Financial are not legal by any means. With regard to the complaints made against them through the CFPB’s CCD, it is painfully obvious that they use illegal and harassing techniques in an attempt to get a payment.
The Fair Debt Collection Practices Act explicitly states that debt collection representatives and agents are not allowed to enact harassing and threatening practices, and if they do, they can be punishable by law. As such, it is safe to say that their actions are illegal in every single sense.
How can I protect myself and fight back against Aspen National Financial?
If you or a loved one have been contacted by Aspen National Financial, then you need to know that there are ways to protect yourselves against their harassment and excessive calls. The first thing to do is to confront them. If you are contacted about a debt, make sure to verify the debt. This can be done by asking where the debt originally came from, and getting in contact with the original debt holder. You can also ask for verification of authenticity of the representative, calling the debt collection agency to see if the representative is even on their record as a representative.
The next thing to do is to ask them to stop calling you. By law, they must, even if you do not pay the debt. If they continue to harass and threaten you, it is best to hire an experienced debt collection harassment attorney or lawyer to help you during their harassment. We here at Law Office of Paul Mankin, APC have a strong team of experienced debt collection harassment attorneys that have dealt with debt collectors like this. We are able to assist you in identifying and stopping the harassment that they bring.
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:
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 MankinArticles About Debt Collection
The Law Office of Paul Mankin is a consumer protection law firm dedicated to preventing debt collection harassment.
We stop creditor harassment through litigation under the Fair Debt Collection Practices Act (FDCPA) and other legislation, giving our clients peace of mind and financial relief. And in doing so, we make debt collectors pay our clients.
As the victim of illegal debt collection practices, you have rights — and the ability to stop debt collector harassment. Call us today at 800-654-9517 for a free consultation.
We represent people throughout California from our offices in the San Diego area and Los Angeles.
You can learn more about your rights by reading the articles below.
Stopping Automatic Calls From Debt Collectors — If debt collectors have violated FDCPA, we can stop them — and obtain compensation for you.
Debt Collectors Must Follow These FDCPA Rules — Debt collectors are prohibited from calling you during certain hours and engaging in illegal practices. If you are being harassed, call us today.
When Will a Debt Collector Sue? – Is a debt collector threatening to sue or are you concerned that the they will?
Debt Harassment Lawyers In California Fight FDCPA Violations — If you are being harassed by debt collectors in violation of the law, we can stop it at no cost to you.
Debt Collectors And Student Loans — Though student loans are usually not dischargeable in bankruptcy, there may be other ways for you to get relief from debt collectors and unmanageable student loan debt.
Letters About Student Loans May Violate FDCPA — If a debt collector tells you that it’s impossible to discharge student loan debt, it’s not true. You may be able to file suit claiming false and deceptive practices and obtain California.
Debt Collectors Teaming Up With Prosecutors To Collect Debts — In recent years, more than 300 district attorneys’ offices across the country have teamed up with debt collectors in order to collect bad debts. These actions could violate federal and state laws.
FTC Issues New Alert — Scam Artists Posing As Debt Collectors — Don’t fall victim to con artists who pretend to be debt collectors. Call us for a free consultation.
I Gave A Debt Collector A Post-Dated Check And He Deposited It Early. What Can I Do? — You may be out of luck, or you may have a cause of action under the Fair Debt Collection Practices Act. A lawyer at our firm can advise you concerning your legal options.
Attorneys Fighting Illegal Vehicle Repossession — Repossession agents will sometimes act unlawfully when repossessing your vehicle. Don’t let them get away with it. Call an experienced repo lawyer today.
TCPA Exceptions: When Companies Are Allowed To Call You — Learn when debt collectors and other parties can and can’t call you.
Lawsuits Over Debt Collection Firms Declining — Consumers are learning that FDCPA bans debt collectors from using illegal methods when contacting them. If you are being harassed, we may be able to help.
Call Us For Legal Help
For a free consultation about a consumer protection matter, contact the Law Office of Paul Mankin by calling 800-654-9517.
by Paul MankinIs Lobel Financial Corporation Harassing You?
Lobel Financial Corporation
Lobel Financial Corporation (Lobel) is a consumer finance company that specializes in purchasing and servicing automobile contracts and loans. The company was founded in 1977 and is headquartered in Anaheim, California.
The Consumer Financial Protection Bureau (CFPB) has received 183 consumer complaints against Lobel for unfair, abusive, and deceptive collection practices. The CFPB is a government agency charged with protecting consumers from such practices. Consumers accuse Lobel of performing the following unlawful collection practices:
- Attempting to collect a debt that is not owed by the consumer;
- Making false or misleading statements;
- Improperly discussing the consumer’s debt with a third party
- Threatening to take legal action if payment is not made; and
- Refusing to validate or provide proof of a debt.
One consumer filed a complaint with the CFBP after Lobel continued to contact the consumer despite being repeatedly informed that they were contacting the wrong person. Not only did Lobel contact the wrong person, but Lobel also disclosed the actual debtor’s account information.
The Fair Debt Collection Practices Act (FDCPA) and the Rosenthal Fair Debt Collection Practices Act (RDCPA) regulate debt collectors’ communications with third parties. A debt collector is only permitted to contact a third party when the debt collector reasonably believes that person would have information regarding the consumer’s location or telephone number. More importantly, debt collectors are only permitted to contact a third party once. When a debt collector mistakenly contacts somebody other than the intended consumer, then the debt collector has effectively contacted a third party and is not permitted to continue to contact you.
Additionally, the debt collector cannot inform any third party, other than a consumer’s spouse or attorney, that the consumer owes a debt. Thus, when a debt collector contacts the wrong person and discloses personal account information about a debt owed by another consumer, the debt collector has violated both federal and state law.
Creditors and debt collectors should be held accountable for these unethical and unlawful practices. If you are being harassed or subjected to any of these, deceptive, or abusive debt collection practices, it is time to hold Lobel accountable. Please contact our office for a free, no obligation consultation at 1-800-219-3577.
by Paul MankinPaul Mankin, Esq. Biography
Paul Mankin, Esq.
Location: California
Phone: 800-219-3577
Fax: 323-207-3885
Prior to attending law school, I didn’t realize how much everyday consumers need legal protection from unscrupulous business and insurance companies. I had this idea that it was mostly large businesses that used lawyers to deal with their business disputes or people who had been accused of breaking the law needing a criminal defense attorney.
But, after going to law school, externing for two bankruptcy court judges, working at a personal injury firm, and then being in practice for almost 10 years, I now see how often people are taken advantage of by large corporations and insurance companies. I have found it doesn’t matter what education level or income level you have, consumers are under constant attack.
During law school, I externed for two bankruptcy court judges in Orange County, CA and saw first hand how vicious creditors are to everyday people during a good and a bad economy. Many of these individuals had been injured in an accident and their injuries prevented them from working. Ultimately, they lost their jobs because of the amount of time they needed to take off from work. After that they couldn’t afford health insurance and became buried in medical bills. Their creditors forced these people into bankruptcy by trying to take their homes or the remaining money they had in their bank accounts. Surprisingly, many of the creditors were breaking the law in their attempts to collect the money owed.
After law school, I worked at a well-respected personal injury law firm in Beverly Hills, CA. There I saw how insurance companies do everything they can to not help people who have been seriously injured by the wrongful and negligent acts of others. My clients regularly worried about whether their injuries would heal to the point of where they were before the accident, how they were going to pay their medical bills, and how they were going to travel to work because the insurance company was attempting to delay payment to repair my clients’ vehicles. Now my clients who had done nothing wrong and were injured through no fault of their own started getting creditor calls starting this vicious cycle.
That is why when I started my own law firm in 2009, I decided to fight big insurance companies by helping people who are injured. Whether my clients are injured in an auto accident, slip and fall, dog bite, defective medical device, or in any other way caused by the negligence of someone else, I want to help get them the medical treatment they need to get better, their medical bills paid, their car repaired (if a car accident), the wages they lost from being out of work back, and any other compensation they deserve.
Additionally, I help people who are being bullied by debt collectors and credit reporting agencies. Debt collectors often prey on people when they are at their weakest showing no compassion or sympathy for the difficult situations of others. And, these debt collectors consistently break the law while doing so.
AREAS OF PRACTICE:
Consumers Rights Litigation
Tenant Rights Litigation
Personal Injury
BAR ADMISSIONS:
California, 2009
EDUCATION:
Whittier Law School
J.D.- 2008
Santa Clara University, Santa Clara, California
B.S., Bachelor of Science – 2003
Major: Finance
by Paul MankinWhy do Most Slip and Fall Claims against Hospitals go to Arbitration instead of Court?
When it comes to slip and fall claims, there are various legal avenues through which one can proceed in hopes of being compensated for their injuries. Depending on the unique details of any particular slip and fall, a claimant may seek a resolution via settlement, a full lawsuit, or even arbitration. If it was up to the hospitals defending against such claims, almost all of these claims would go through arbitration. There are various reasons as to why and this article will provide readers with such insights.
WHAT CLASSIFIES AS A SLIP AND FALL HOSPITAL CLAIM?
A slip and fall claim is predicated by an incident in which someone suffers an injury at a hospital after a fall due to negligence or malpractice of the hospital. Examples of this are uncleaned liquids on the floor, unstable grounds on the premises or improper medication of the a patient leading to improper balance.
Regardless of the cause, victims of such incidents are sure to seek out compensation of some sort for their injuries. In these incidents, hospitals will often seek to resolve the matter prior to a full lawsuit process can finish.
Legal Options
In the event of a slip and fall incident, you will have several legal options to consider before pursuing a financial recovery of damages suffered due to the injury. For starters, you may seek out the assistance of an experienced attorney that is capable of guiding you through the process. From there, the attorney will present several different options to you and advise on the likelihood of success for each option.
If pursuing a lawsuit, the attorney will likely file the claim in the appropriate court house and you will need to prepare for a long, drawn out battle. In order to avoid this process, a hospital may seek to expedite the process and lessen their financial burden by reaching a settlement or moving to the case to arbitration.
Arbitration is a much more common scenario for the hospital to push for and will often seek to entice the claimant to agree to this option. The main reason for this is legal costs. If the hospital is looking at a large payout in damages to the claimant, they can cut costs on the legal assistance front instead.
WHY ARBITRATION IS BETTER FOR HOSPITALS?
Overall, arbitration equates to fewer man hours for attorneys. Additionally, the process is often expedited in comparison to full lawsuit procedure. In turn, this leads to a much lower financial burden to the hospital. And most importantly, it eliminates a jury from making a decision on the claim which hospitals like to avoid. Ultimately, if hospitals believe they are fighting a losing battle, it certainly helps to cut costs somewhere.
Even if they foresee a successful outcome while defending the claim, it certainly doesn’t hurt to speed up the process instead of letting it hang over their heads. If they can get a potential claim resolved quickly, you better believe the hospital will push for this option.
Regardless of which options the hospital chooses to pursue, you will want to consider which option is best for you.
Differences between Arbitration and Courtroom Proceedings
In arbitration, the procedural rules for presenting a case and presenting evidence are drastically different from that of a courtroom. Additionally, the proceeding may either be binding or non-binding on the parties involved.
In typical courtroom proceedings, there are specific procedural rules and ways to present evidence for a claim to be valid. Beyond that, there are several stages and lots of waiting around for your case to be heard. In the end, don’t be surprised when your claim takes several years to reach a resolution.
Weighing these differences and how they apply to your claim can have a huge impact between success and failure.
Is Arbitration good for you?
Regardless of which legal option is best for the hospital, it is important to understand which option is best for your case. While an expedited process and cost savings route may seem enticing, you must also understand which procedural rules offer you the best outcome.
For example, if the hospital has evidence they present in arbitration, but that same evidence would not be allowed in a typical courtroom proceeding, the presented evidence could hurt your claim drastically. Even though the courtroom proceeding may be more costly, the larger victory payout could make up the money lost in a negative outcome arbitration proceeding.
While these numbers may not be that obvious at the beginning, an experienced attorney can be worth his weight in gold if he can help predict these possibilities and guide you along accordingly. As such, finding an attorney that has gone this path with similar claims in the past is highly recommended. Be sure to consider your legal options and legal advocates in your area.
by Paul MankinIs the debt collection agency Allied National, Inc. harassing you?
What is Allied National, Inc.?
Allied National, Inc. was founded in Nebraska on January 1, 1987 and incorporated on November 15, 1991. The business operates under its managing director, Mr. Michael David, and offers nationwide and international debt collection services with an emphasis on specializing in commercial debt collection.
Is Allied National, Inc. a legit Debt Collection Agency?
Yes, it is legit. Allied National, Inc. has been recognized by the Better Business Bureau (BBB) since May 6, 1999 and has been BBB-accredited since June 25, 2004, which indicates it is responsive to consumer complaints and is a legitimate business.
Allied National, Inc. Contact Information:
440 Regency Pkwy Dr # 134
Omaha, NE 68114-3742
(headquarters)
(402) 393-3477 (phone)
(800) 456-5770 (toll free)
What kind of complaints does Allied National, Inc. have against them?
Allied National, Inc. maintains an A+ BBB rating. It has not received any BBB consumer complaints but has received one Consumer Financial Protection Bureau complaint. The complaint was from a creditor rather than from a consumer and concerned the collector’s failure to forward collected payment to the creditor holding the original debt. While failure to forward creditor payments in a timely manner is not terribly concerning or uncommon in itself, the collections agency in this case played a lot of games with the creditor to avoid making the payment it knew was due, including avoiding the creditor’s calls, claiming the creditor moved offices, and finally claiming the payment was stalled due to issues with the bank.
Are Allied National, Inc.’s Practices Legal?
Among other practices, it is strictly unlawful for a collections agency like Allied National, Inc. to make any false or threatening statements in connection with an attempt to collect on a consumer debt. Many complaints against collection agencies like Allied National, Inc. contain allegations of gross violations of the Fair Debt Collection Practices Act (FDCPA) and Rosenthal Fair Debt Collection Practices Act, including and especially allegations that the collector makes harassing phone calls or threatens debtors when attempting to collect. If you have been harassed or threatened by Allied National, Inc. or another collector, it could be a violation of the Fair Debt Collection Practices Act and might entitle you to $1,000 in statutory damages, as well as other state and federal remedies.
How can I defend myself against a debt collector like Allied National, Inc.
If you receive a collection attempt from Allied National, Inc. regarding a debt or amount you do not owe or that is made in a harassing, threatening, or overtly intimidating manner, you should consult with a debt collection harassment attorney as soon as possible to learn about your rights before attempting to resolve the matter with the collector. 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 attorney or debt collection harassment lawyer immediately. Contact us today to discuss your matter and see how we can help at no cost to you.
More information regarding complaints regarding Nebraska-based collectors can be found at https://protectthegoodlife.nebraska.gov. 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 creditor and collector harassment, see FTC Debt Collection pamphlet.
by Paul MankinIs California Accounts Service Harassing You?
California Accounts Service
California Accounts Service (CAS) is a family-owned, third-party debt collection agency. CAS has been operating since 1963. It provides debt collection services to medical professionals, veterinarians, utility companies, and retail.
The Consumer Financial Protection Bureau (CFPB), an agency charged with protecting consumers from unfair, deceptive, or abusive debt collection practices, has received consumer complaints regarding CAS’ unlawful debt collection practices. According to the CFPB, CAS most commonly engages in the following debt collection practices:
- Attempting to collect a debt that is not owed by the consumer;
- Attempting to collect a debt that was discharged in bankruptcy;
- Threatening to harm credit if payment is not made; and
- Refusing to validate or provide proof of a debt.
A consumer reported that CAS attempted to collect a debt that was discharged in bankruptcy. After receiving calls from CAS, the consumer provided a written response to CAS requesting that they cease communication and acknowledge that the debt was discharged in bankruptcy. The calls stopped; however, the consumer soon learned that CAS had reported the debt to the credit bureau. CAS refused to remove the debt from the credit report unless the consumer paid the debt or proved, to their satisfaction, that CAS made a mistake.
CAS’ actions directly violate federal law. Chapter 11 of the Bankruptcy Code prohibits debt collectors and creditors from collecting on a debt that has been discharged in bankruptcy. Once a debt has been discharged in bankruptcy, then the debt collectors and creditors are permanently barred from collecting on that debt.
Creditors and debt collectors should be held accountable for these unethical and unlawful practices. If you are being harassed or subjected to any of these, deceptive, or abusive debt collection practices, it is time to hold CAS accountable. Please contact our office for a free, no obligation consultation at 1-800-219-3577.