by Paul MankinIs the debt collection agency Amerifinancial Solutions, LLC harassing you?
There are some debt collection agencies that deal with general collections. However, some specialize in certain areas, such as specifically collecting on physician/medical debts or business debts. These agencies pride themselves on being a cut above the rest, but still tend to employ the same underhanded techniques that are borderline illegal. So here is what you need to know about Amerifinancial solutions LLC, and how to stop Amerifinancial Solutions, LLC from harassing you.
What is Amerifinancial Solutions, LLC?
AmeriFinancial Solutions LLC is listed as a collections agency based out of Maryland. They serve the Greater Maryland area, and is a collection agency and consumer finance company. They are headed by Elizabeth A. Miller, who is said to be the president of Amerifinancial Solutions, as she presides over 20 other employees.
Is Amerifinancial Solutions, LLC a legit Debt Collection Agency?
Amerifinancial Solutions LLC is considered to be a legitimate debt collection agency. Having started in 2007, their Better Business Bureau file was opened within a month of their creation. They are not accredited by the BBB, however, and hold a 1.2 star rating out of 5 with the BBB database, as well as a B rating.
Amerifinancial Solutions, LLC Contact Information
Alternate Names: AFS, LFM Enterprises LLC
Address: PO Box 65018 Baltimore, MD 21264-5018
Other: PO Box 602570 Charlotte, NC 28260-2570
Fax Number: 1-443-753-6097
Other: 1-410-472-3600
Phone Number: 1-800-945-7184
Other: 1-800-753-7106
Other: 1-800-753-7100
Website: http://www.payamerifinancial.com
Other: https://www.payafs.com/
Does Amerifinancial Solutions, LLC have Complaints against them?
Amerifinancial Solutions, LLC has quite a few debt collection harassment complaints against them. Through the BBB database, they have over 110 complaints lodged against them within the last 3 years, with 57 of those complaints being closed within the last 12 months. They also have 18 customer reviews, with over 90% of those reviews being 1 star reviews.
There is no listing of Amerifinancial Solutions LLC within the Consumer Financial Protection Bureau’s Consumer Complaint Database. There are also no registered complaints within their database under the names AFS or LFM Enterprises LLC.
What kind of Complaints have been made?
The complaints lodged against Amerifinancial Solutions LLC are primarily dealing with the issue of billing and collections. Specifically, they state that many of the consumers state that they did not create this bill at all. As such, Amerifinancial Solutions LLC was attempting to collect on debts that were not the consumer’s to begin with.
Another issue that the complaints bring up is the abusive language and threatening actions of the representatives of Amerifinancial Solutions LLC. Many complaints state that they were threatened directly with bodily harm, as well as threats made to their family and friends.
Are the Practices of Amerifinancial Solutions, LLC Legal?
If true, these practices are absolutely not legal. The act of threatening a consumer with bodily harm goes directly against the Fair Debt Collection Practices Act (FDCPA). The Fair Debt Collections Practices Act specifically states that a debt collector may not use harassing or verbally abusive language in an attempt to collect on a debt. The laws also state that they may not use misinformation to try to confuse and manipulate consumers into paying the debt off.
Both of these laws were broken by Amerifinancial Solutions LLC. As such, it is considered illegal harassment, and is punishable by law.
How can I protect myself and fight back against Amerifinancial Solutions, LLC?
If you or someone you love has been harassed by Amerifinancial Solutions LLC, then you may be under pressure by them right now. If so, then you need to know how to protect yourself against their harassment and threatening acts.
The first thing you should do if you are being harassed by them is to ask for verification of the debt. As they have a history of using misinformation and improper personal information in attempts to make you pay on debts, asking for verification of the debt will stop them in their tracks. Verification can come in many forms, such as a written letter with the debt information. It can also be done by giving you information to get in contact with the original debt holder.
You should also contact a collection harassment attorney or consumer rights lawyer. The Law Office of Paul Mankin, APC focuses on stopping debt collection harassment. 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 MankinIs Eltman Law, PC Harassing You?
Eltman Law, PC. is a law firm and debt collection agency headquartered in Jersey City, New Jersey. The firm has been in business since 1978 and collects on many types of consumer debt. It employs attorneys licensed to practice law in California, Florida, Georgia, Illinois, Kentucky, Michigan, Missouri, New Jersey, New York, Ohio, Pennsylvania, Tennessee and Texas.
Contact Information:
101 Hudson St Fl 27
Jersey City, NJ 07302-3915
Phone: (212) 660-3100
The Better Business Bureau (BBB) has received three complaints against Eltman Law, PC in the last three years and the Consumer Financial Protection Bureau (CFPB) has received 17 complaints about the firm since 2015. These complaints allege that the company has violated the Fair Debt Collection Practices Act (FDCPA) by seizing, or attempting to seize property, attempting to collect on a debt that does not belong to the consumer, failing to provide verification of a debt, contacting third parties, and attempting to collect on debt that is too old. Several of the complaints also allege that Eltman Law, PC filed lawsuits and failed to provide the consumer with proper notice of the suit, which is required under the Rules of Civil Procedure in every state. Most of these consumers had no idea they had even been sued until their wages began being garnished or their bank account was frozen. Many consumers have also complained that when attempting to contact Eltman Law, PC they reached a recording and were never able to get a live person on the line.
Most of the complaints filed against Eltman Law, PC allege that the company continued to collect on a debt that did not belong to the consumer and failed to provide verification of the debt to the consumer. The Fair Debt Collection Practices Act (FDCPA) requires that a debt collector provide certain written information to a consumer within five days of the initial contact if the debt has not yet been paid and the information was not provided during the initial contact. This includes the amount of the debt, the name of the creditor to whom the debt is owed, and notice that the consumer has thirty days to dispute the debt before it is assumed to be valid. The FDCPA and Rosenthal Fair Debt Collection Practice Act (RFDCPA) also prohibit a creditor or debt collector from attempting to seize property it has no legal right to seize.
If Eltman Law, PC has frozen your bank account, began garnishing your wages, refused to provide you with verification of a debt or is abusing you in any way, it is time they are held accountable for their actions. For a free, no obligation consultation, please call our office at 1-800-219-3577.
by Paul MankinIs Genesis Credit Management, LLC Calling You?
Genesis Credit Management, LLC is a debt collection agency located in Everett, Washington. It has been in business since 2008 and also uses the name Columbia Debt Recovery, LLC. The company collects for all types of creditors across the country.
Contact Information:
906 SE Everett Mall Way
Everett, WA 98208
Phone: (509) 836-5558
The Better Business Bureau (BBB) reports 22 consumer complaints filed against Genesis Credit Management, LLC in the last three years and the Consumer Financial Protection Bureau (CFPB), a federal agency created to help protect consumers from unfair practices of companies in the financial industry, reports nearly 100 complaints since 2015. Complaints allege that the collection agency:
- Attempted to collect on a debt that was discharged in bankruptcy
- Reported false information to the credit reporting agencies
- Called a consumer several times a day, causing his/her phone to ring continuously
- Refused to provide enough information to verify a debt
- Shared information with a third party
- Used profane and abusive language while attempting to collect on a debt
- Attempted to collect the wrong amount
- Contacted a consumer after being told he/she was represented by counsel
- Threatened to have a consumer arrested for not paying a bill
- Continued contacting a consumer after being asked in writing to stop
These are all violations of the Fair Debt Collection Practices Act (FDCPA) which prohibits debt collectors from using unfair, abusive, or deceptive practices in order to collect on a debt. Some of the complaints allege violations of other consumer protection laws and state rules of procedure for court actions, such as debiting a consumer’s bank account without prior authorization and failing to serve a person whom you have sued with proper notice of the law suit. Other complaints maintain that Genesis Credit Management, LLC reaches oral settlement agreements with consumers, telling them they do not need anything in writing, and then fails to honor the agreement, refuses to accept payments without reason, and employs representatives who are rude and attempt to bully consumers into paying a debt, even when the consumer is disputing that they owe it.
If you believe that Genesis Credit Management, LLC 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 consultation at 1-800-219-3577.
by Paul MankinIs the debt collection agency AP Account Services, LLC harassing you?
What is AP Account Services, LLC?
AP Account Services, LLC is a subsidiary of the established mortgage company Southwest Business Corporation. The debt collection business was founded in Texas in 2009 and offers adjustment and debt collection services. It is estimated to have between one and five employees and it operated by Vice President, Mr. Gary Dudley with the guidance of Assistant General Counsel, Mr. Jerod Neas.
Is AP Account Services, LLC a legit Debt Collection Agency?
Yes, AP Account Services, LLC is a legit debt collection company. AP Account Services, LLC has been recognized by the Better Business Bureau (BBB) since 1987, accredited since November 2008, and maintains an A BBB rating. The company has responded to its BBB complaints and appears to operate as a legitimate debt collector. AP Account Services, LLC is not known to conduct business under any other aliases, though it may be broadly referred to as part of Southwest Business Corporation.
AP Account Services, LLC Contact Information:
9311 San Pedro Avenue 600
San Antonio, TX 78216
(210) 525-1242 (phone)
(210) 525-1240 (fax)
(800) 527-0066
(210) 525-1242
(817) 795-0031
What kind of complaints does AP Account Services, LLC have against them?
AP Account Services, LLC has received 16 BBB consumer complaints and 19 Consumer Finance Protection Bureau (CFPB) complaints. The overwhelming majority of complaints describe practices where the collector makes it impossible for the debtor or alleged debtor to contact the collector in response to AP’s debt collection efforts.
Additional phone numbers reportedly used by AP Account Services, LLC include:
(866) 422-5412
(866) 536-1221
Are AP Account Services, LLC’s Practices Legal?
While it might sound more unfair than illegal for a collector to make it difficult or impossible for a debtor to contact the collector, that kind of behavior could amount to collector harassment, which is illegal under the Fair Debt Collection Practices Act (FDCPA). Even though it sounds like bad business for a collector not to make itself available to receive calls (and payments) from debtors it has reached out to, this is a strategy employed by less scrupulous collectors to harass debtors into making payments in amounts greater than what is actually owed. It is also used by some collectors to harass debtors into sending payment without any kind of settlement agreement or other paper trail that the debtor can use to prove payment in the event the collector continues to harass the debtor or files a lawsuit.
How can I defend myself against a debt collector like AP Account Services, LLC?
Texas residents can find consumer rights information on the Attorney General’s website at https://www.texasattorneygeneral.gov/consumer-protection. 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.
If you believe you have a claim for collection 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 MankinWhat is a Credit Report?
Credit reports come up in almost any serious conversation about personal finance and many companies now offer access to this information on a limited free or monthly subscription basis. But what is a credit report, where does the information on it come from, and how does someone get yours?
Credit Reporting Agencies
In the United States, there are three main credit reporting agencies that maintain credit reports on consumers. These agencies are:
Equifax
Equifax Information Services LLC
P.O. Box 740256
Atlanta, GA 30374-0256
Transunion
P.O. Box 2000
Chester, PA 19016
Experian
P.O. Box 4500
Allen, TX 75013
Creditors and debt collectors can report your account information to these agencies, who then compile and maintain your credit report.
Information Contained on Your Credit Report
Your credit report contains basic information about you such as your full name, address, social security number, and current employer. It may also contain previous names or aliases that you have used. Your debts are then listed on your report showing that the creditor or debt collector is, when the account was opened or placed for collection, whether the account is still open or has been closed, how much you currently owe, and the highest amount you have ever owed or the highest amount of credit that has even been extended to you. A graphic is then provided showing each month a payment was due and whether it was made on time or was 30, 60, or 90 days past due when it was paid. The credit reporting agency receives this information from the creditor or debt collector and then adds it to your report.
Do All Creditors Report Information to Credit Reporting Agencies?
Not all creditors report your account information to the credit reporting agencies, and some may only report it to one or two of the agencies. Companies who may not report any information to credit reporting agencies include:
- Utility companies
- Professional service companies such as accountants, attorneys, plumbers, and electricians
- Small local business who extend you credit
- Insurance companies
- Landlords
Those who you can pretty much count on reporting your account information to the credit reporting agencies include:
- Credit card companies
- Large cell phone and land line companies, such as Verizon, Sprint, and AT & T
- Mortgage companies
- Medical service providers
- Banks and other loan institutions
How Can Someone Get My Credit Report?
Each of the credit reporting agencies make your credit report available to companies who you authorize to view the report. Companies who may ask for authorization to see your report include banks, mortgage and loan companies, landlords, credit card companies, potential employers and any other company or agency from whom you are attempting to gain employment or receive credit or a loan.
If you are experiencing problems with your credit report, such as inaccurate information from a creditor or debt collector, feel free to contact our office at 1-800-219-3577, for a free, no obligation consultation.
by Paul MankinIs American Collection Services, Inc. Harassing You?
American Collection Services, Inc
American Collection Services, Inc. is a collection company located in Oklahoma City, Oklahoma. It has been in business since 2005 and collects for all types of companies including healthcare providers, credit card companies, and professional services companies.
Contact Information:
3100 SW 59th St Ste A
Oklahoma City, OK 73119-6416
Phone: (405) 681-2332
http://www.americancollectionservices.com/
The Better Business Bureau (BBB) lists only 3 complaints against American Collection Services since 2015. These complaints allege that the company reported false information to the credit reporting agencies and failed to provide debt verification to a consumer from whom it was attempting to collect a debt. These are both violations of 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. Other practices specifically prohibited by the FDCPA include:
- 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
- Using abusive, profane, or obscene language
- Threatening to take action they have no legal right to take
- Calling consumers before 8:00 a.m. or after 9:00 p.m.
- Threatening to commit acts of violence against a consumer or their property
- Falsely representing that they are an attorney or law enforcement officer
- Refusing to provide a consumer with verification of a debt it is attempting to collect
- Making telephone calls without properly identifying themselves
- Falsely representing the amount or legal status of a debt
- Charging fees not allowed for in the original contract
A successful claim filed under the FDCPA can stop unwanted collection attempts and get the debt collector to pay you for their violations. In some cases you may also be able to avoid the debt by having it declared paid in full. You will also be able to recover court costs and attorney fees for your successful claim. There may other state or federal consumer protection laws, besides that FDCPA, that can give you a claim against an abusive debt collector.
If you feel that American Collection Services, Inc. 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 the debt collection agency Anchor Receivables Management harassing you?
What is Anchor Receivables Management?
Anchor Receivables Management, which primarily conducts business under the name “Portfolio Recovery Associates, LLC” or “Pra III, LLC,” is a multi-location debt collector specializing in buying distressed debt. Founded in Virginia and incorporated in Delaware in 1996, the collections agency now has approximately 1,400 employees and does a substantial volume of business across the country.
Is Anchor Receivables Management a legit Debt Collection Agency?
Yes, Anchor Receivables Management is a legitimate debt collector, but they are not particularly well known for conducting business under that name. Under their primary alias, Portfolio Recovery Associates, LLC, they have been recognized by the Better Business Bureau (BBB) since 1996, have been BBB-accredited since December 27, 1996, and maintain an A+ BBB rating.
Anchor Receivables Management Contact Information:
140 Corporate Blvd
Norfolk, VA 23502
(757) 519-9300 (phone)
(800) 772-1413 (alt. phone)
(757) 321-6278 (alt. phone)
What kind of complaints does Anchor Receivables Management have against them?
Anchor Receivables Management and its alias operations have received 1,338 BBB customer complaints and 11,848 Consumer Finance Protection Bureau (CFPB) complaints. Notably, the debt collector has been the subject of numerous consumer complaints alleging inaccurate debt postings with credit reporting agencies, prompting requests for the removal of the inaccurate information. In many cases, Anchor has continued to report inaccurate information and/or has fought consumer requests by providing information they know, or should know, to be inaccurate or outdated. If these allegations are true, Anchor Receivables Management will have violated the Fair Debt Collection Practices Act (FDCPA), Rosenthal Fair Debt Collection Practices Act (RFDCPA), and Fair Credit Reporting Act (FCRA).
Are Anchor Receivables Management’s Practices Legal?
Just because Anchor Receivables Management is a legitimate debt collector, that does not mean they do not use immoral or unlawful collection tactics. If you have received harassing calls from phone numbers associated with Anchor Receivables Management or from Anchor employees using false numbers, your rights might be violated. Likewise, if Anchor Receivables Management continues to call you after you have made a formal request for them to cease calling and/or have notified them that they debt attempting to be collected either belongs to someone else or otherwise is not owed by you, you may have a claim against Anchor Receivables Management for debt collection harassment. Using proper communication tactics tends to be a pitfall for even the most well-meaning debt collectors since there are numerous potential violations of the Fair Debt Collection Practices Act (FDCPA).
How can I defend myself against a debt collector like Anchor Receivables Management?
Complaints regarding a debt 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 debt collector or other business can be made at BBB complaints. Complaints against Virginia-based debt collectors can be filed with the Consumer Financial Protection Bureau (CFPB) or be made by calling 1-855-411-CFPB (2372).
If you believe you have a claim for debt collection 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 MankinIs the debt collection agency American Collections Enterprise harassing you?
Being contacted by an unknown debt collection agency can be stressful. Being contacted and told almost immediately that you must pay a debt is absolutely terrifying. Owing money to someone always means that you must watch out with what you say. So how far is too far?
American Collections Enterprise is one such debt collection agency that may be known for being harassing and abusive when collecting on debts. So are they in the wrong? Here is what you need to know about them, and if what they are doing is illegal.
What is American Collections Enterprise?
American Collections Enterprise is listed as a collections agency that serves the Metro Washington DC, Metro Philadelphia, and Eastern Pennsylvania areas. They go by the alternate names AM Collect and American Collections Enterprise Inc.
Is American Collections Enterprise a legit Debt Collection Agency?
Unfortunately, they are a very real and legitimate debt collection agency. They have been in business since 1993, and have been operating for 26 years. They are not currently accredited by the Better Business Bureau, and hold a C- rating in the BBB database.
American Collections Enterprise Contact Information
Address: 205 S Whiting St Ste 500 Alexandria, VA 22304-3632
Other Address: PO Box 30096 Alexandria, VA 22310-8096
Website: http://www.payacei.com
Phone Number: 1-703-719-9403
Other Phone: 1-800-208-2234
Fax Number: 1-703-719-9587
Does American Collections Enterprise have Complaints against them?
American Collections Enterprise has quite a few complaints against them. On the BBB database, they have 37 complaints within the last 3 years, with 14 of those complaints being closed within the last 12 months. They also have an average of 1.2 stars out of 5 from 16 customer reviews.
The Consumer Financial Protection Bureau’s Consumer Complaint Database shows 9 total complaints lodged against them through the name American Collections Enterprise Inc.
What kind of Complaints have been made?
Of the complaints made on the BBB database, 27 of those were due to billing and collections, while 10 were due to problems with the product or service provided. The reviews also mirror the complaints in issues and situations. Many stated that the representatives of the debt collection agency were harassing and threatening, and non-responsive when it came to reporting on debts paid.
The complaints made through the CFPB’s CCD also hold that American Collections Enterprise mismanaged information in an attempt to gain extra income and payments from consumers.
Are the Practices of American Collections Enterprise Legal?
The practices listed above directly contradict the guidelines set forth by the Fair Debt Collection Practices Act (FDCPA) and Rosenthal Fair Debt Collection Practices Act (RFDCPA). The Fair Debt Collection Practices Act states that there are basic practices that must be adhered to by debt collectors. These include, but are not limited to:
- No calls after excess hours
- No usage of harassing or threatening language
- No robocalls or excessive calling
- No misuse or misinformation when attempting to collect on a debt
In each instance, American Collections Enterprise is seen breaking each one. As such, the practices are considered illegal.
How can I protect myself and fight back against American Collections Enterprise?
Now that you know what tactics are being used by this debt collection agency, it is time to defend yourself against them. There are a few ways to do this, the easiest being to ask for verification. Asking for verification of the debt is well within your right as a consumer, and should be easy for any legitimate debt collection agency. If they cannot provide you proof of legitimacy, then you are under no obligation to pay.
If they continue to harass and threaten you, then it may be time to hire an debt collection harassment attorney or consumer rights lawyer. We here at the Law Office of Paul Mankin, APC have been fighting the long fight against debt collector harassment and abuse. Because it can come in so many different ways, we are able to help you identify, stop, and report the debt collector harassment if you hire us as we have a vast amount of experience and information at hand.
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 by 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 MankinIS CACH, LLC Harassing You?
CACH, LLC is a company that purchases debt from banks and other financial institutions. It is located in Denver, Colorado and also uses the name Square Two Financial, who is also located in Denver.
Contact Information:
4340 S Monaco 2nd Flr
Denver, CO 80237
Phone: (877) 248-8343
CACH, LLC purchases debts from large banks, such as Capital One or Chase, for far less than what is owed on the debt. Banks sell these debts to CACH, LLC if they have determined that collecting on the debt may cost them more than they are likely to recover. Once CACH, LLC purchases a debt, it then hires a third party debt collector to begin collection attempts. This means that you may see CACH, LLC on your credit report without ever having received any communication from the company, or a debt collector may file a lawsuit against you on behalf of CACH, LLC when you had no idea you even owed the debt and have never heard of CACH, LLC. The company’s website states that once it has purchased a debt, it uses the collection agency, Resurgent Capital Services LP, to collect on the debt. The website however offers very little information and is very likely outdated, so you may have been contacted by another debt collection agency or an attorney regarding a debt CACH, LLC has purchased.
Oftentimes, companies, such as CACH, LLC, who purchase old debt, receive very little information from the original creditor and therefore are unable to verify a debt as required by the Fair Debt Collection Practices Act (FDCPA). This means that they must remove any negative information on your credit report and may not be able to continue collection attempts. Getting in contact with CACH, LLC however, may prove difficult and you might have to start by contacting Resurgent Capital Services, LP by phone at 1-888-665-0374 or internet at https://www.resurgent.com/. If you are unable to resolve any dispute over a CACH, LLC lawsuit or collection attempt to Resurgent Capital Service, LP or the attorney who filed the lawsuit against you, you may need to contact a consumer protection attorney to assist you.
If CACH, LLC has reported negative information on your credit report, or you are being harassed by a debt collector or attorney about a debt owed to CASH, LLC, please contact our office for a free, no obligation case review at 1-800-219-3577.
by Paul MankinCreditor Harassment: If I Sue a Debt Collector, Will I Have to Go to Court?
Filing any lawsuit means that at some point, you may have to appear in Court in order to prove your claim and win the case. This applies when suing a debt collector under the Fair Debt Collection Practices Act (FDCPA). However, in any lawsuit, the parties may reach an agreement without ever seeing the inside of a courtroom.
Settling a Claim Outside of Court
Many defendants, including debt collection agencies, prefer to avoid the time and expense of defending a claim in court and chose to settle instead. This way they can also avoid a judgment against them, which will become public information. Settlement in a case filed under the FDCPA generally includes a reduced debt and repayment plan in exchange for dismissing the suit. Because negotiating a settlement can be as stressful to some consumers as appearing in Court, you may want to consult with an FDCPA attorney to help you get the best deal that you can. Particularly since, once you file a lawsuit, you will be dealing with the debt collection agency’s attorney and not a call center representative.
If You Have to Go to Court
Some debt collection agencies are unwilling to settle a claim when a lawsuit has been file against them and prefer to go to court instead. This is especially true in cases where the Plaintiff has filed the lawsuit without an attorney. If no settlement agreement can be reached and you have to go Court, you will want an experienced FDCPA attorney with you. Courtroom procedure can be complicated and you will not just be able to go in and tell your story to the judge. It can be difficult to get evidence admitted, avoid asking improper questions, and prove your case when you are not familiar with the rules of procedure or how a particular judge likes to conduct proceedings in his or her courtroom. Your attorney can help you present evidence, question witnesses, and follow the proper procedure to ensure that you are able to say what you need to say, present your evidence, and make the judge understand exactly what happened and how the debt collector violated the law.
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, or of you have filed a lawsuit against one and think you may need any attorney, please contact our office at 1-800-219-3577, for a free, no obligation consultation.