by Paul MankinHas a debt collector sued you, and then told you the paperwork you got was not a lawsuit?
DEBT COLLECTORS ARE NOT ALLOWED TO TELL YOU LEGAL PROCESS IS NOT A LAWSUIT OR THAT YOU DO NOT HAVE TO ANSWER.
Has a debt collector sued you, and then told you the paperwork you got was not a lawsuit?
Debt collectors and creditors have been known to file lawsuits and then lie to the person they sued, telling them the documents they received are not legal service, or a lawsuit. They may also tell the debtor there is no need to respond or that it is nothing to worry about. They do this in order to keep the debtor from responding so that they can easily get a judgment against them.
Once you have been sued and proper service issued, you have a certain number of days to answer the complaint in writing, and/or a hearing time and date where you can appear to answer the complaint in person. Failure to respond will enable the creditor or debt collector to get a default judgment against you. Once a debt collector has a judgment, they can then begin the process to garnish your wages.
Debt collectors and creditors may tell you that the documents you received are not legal service, or do not pertain to any lawsuit they have filed, in order to keep you from properly responding and thereby guaranteeing a judgment against you and their ability to begin garnishing your wages. They may even be able to collect their court costs, attorney fees, and interest on the original amount of the debt.
So, how do you tell if the documents you received are legal process and if you have been sued? There are two easy ways that you can verify whether or not a lawsuit has been filed against you:
- Examine the Summons. If you have been sued, the person who sued you must serve you with a summons and a copy of the complaint against you. The Summons will say “Summons”, usually at the very top center of the document. It will also have the name of the Plaintiff and the Defendant (you), usually in the form of “Company A, Plaintiff, vs. John Doe, Defendant”, near the top of the document as well as the name of the State and County, Parish, or borough where you have been sued. The Summons should also tell you that you have been sued by the person named as Plaintiff and explain how to respond and how many days you have to do so. It may also have a court seal, indicating that it is an official court document.
- Call the Clerk of Courts. If you cannot tell from the Summons, or you did not receive one, you can call the Clerk of Courts in your county, parish, or borough and ask if any lawsuits have been filed against you. If you have a debt collector’s or creditor’s name and/or a case/cause number in the documents you received, have that information ready to help the clerk find you in the system. The Clerk should be able to tell you if anyone has recently sued you, who has done so, and when you must appear in court.
Do not rely on a creditor or debt collector to explain any documents that you receive, especially if they indicate in any way that a lawsuit may have been filed against you. It is too easy, and too commonplace, for them to lie to debtors about legal process and lawsuits.
Has a debt collector or creditor lied to you about legal documents? Under the Fair Debt Collection Practices Act (FDCPA) and the Rosenthal Fair Debt Collection Practices Act (RFDCPA), creditors and debt collectors are not allowed to tell you that legal process service is not a lawsuit or that you do not need to respond to a complaint or summons.
If a collector has lied to you about legal process please contact our office at 1-800-219-3577, for a free, no obligation consultation.
by Paul MankinWho is calling me from 800-279-9048?
If you are getting calls from 800-279-9048, they are from IC System, Inc., a debt collection agency headquartered in St Paul, Minnesota. The agency provides debt collection services to a wide range of clients including healthcare providers, utility companies, government agencies and educational institutions.
Contact Information:
444 Highway 96 E
Saint Paul, MN 55127-2557
Phone: (866) 483-8595 and 800-279-9048
In the last three years, 517 complaints have been filed against IC System, Inc. with the Better Business Bureau (BBB) and 1,134 have been filed with the Consumer Financial Protection Bureau (CFPB), alleging violations of the Fair Debt Collection Practices Act (FDCPA), a federal law enacted to help protect consumers from unfair, deceptive, and abusive debt collection tactics. Complaints allege that IC System, Inc.:
- Refuses to provide enough information for consumers to verify the debt
- Falsely implies that consumers will be arrested if they do not pay
- Attempts to collect the wrong amount on a debt
- Speaks with third parties about a consumers debt
- Fails to provide consumers with the mini-Miranda
- Reports false credit information to the credit reporting bureaus
- Contacts consumers at work after being told the employer does not allow it
The debt collection agency has also been sued at least once for allegedly using abusive practices to collect on a debt from a consumer who repeatedly informed the company that she was not the person who owed the debt.
If you are getting collection calls from 800-279-9048, and the caller is using unfair, deceptive, or abusive practices in order to collect a debt from you, it is time to hold them accountable for their actions. Please contact our office for a free, no obligation case review at 1-800-219-3577.
by Paul MankinIs A.C.A. Recovery, Inc. Harassing You?
A.C.A. Recovery, Inc. is a collection agency located in Ridgewood, New Jersey. The agency has been doing business since 1998 and also uses the names ACA Recovery and Accredited Collection Agency.
Contact Information
50 E. Ridge Ave. #395
Ridgewood, NJ 07450
Phone: (800) 356-3713
The Consumer Financial Protection Bureau (CFPB), a federal agency created to help ensure that consumers are not abused by companies in the financial industry, reports no complaints against A.C. A. Recovery, Inc. Since 2015, two consumers have filed complaints against the collection agency with the Better Business Bureau (BBB) and one consumer chose to write a review instead of filing a complaint. The review was posted in December of 2016 and alleges a customer service representative of the agency called her an obscene name when she returned a phone call to them. One of the complaints is not available to the public and the other claims that the company falsely represented that its phone calls are from an attorney and that it refuses to provide a statement showing the consumer’s payments and the current balance of the debt. The Fair Debt Collection Practices Act (FDCPA) specifically prohibits debt collection agencies from falsely implying that letters or telephone calls are from an attorney and from using harassing or obscene language. Some other specific acts that the FDCPA prohibits include:
- Calling consumers before 8:00 a.m. or after 9:00 p.m.
- Falsely implying that a consumer has committed a crime or will be arrested for not paying a bill
- Using any language that the natural consequence of which is to make a person feel abused
- Threatening to take any action the collector does not intend to take
- Allowing a consumer’s telephone to ring continuously
- Calling consumer’s at work when they know the employer does not allow personal calls
- Contacting a consumer after being asked in writing to stop
- Failing to provide a consumer with basic information needed to verify a debt
The Act prohibits debt collectors from using many other unfair, abusive, and deceptive collection practices and this list is not all inclusive.
If you are being abused or harassed by A.C.A. Recovery, Inc. in its attempt to collect a debt, it is time they are held accountable for their actions. Please call our office at 1-800-219-3577, for a free, no obligation case review.
by Paul MankinCreditor Harassment: How to Sue for FDCPA Violations?
The Fair Debt Collection Practices Act (FDCPA) has been implemented and used for many years. As debts and credit are used as collateral in everyday life, there are bound to be moments where attempting to pay for the debt can be challenging for those working day to day.
It also doesn’t help when debt collectors sent from the creditor start to hound you at every turn you make. Whether it’s day or night, it seems like they will always be there reminding you about the debt you owe.
However, the FDCPA protects you against some of their practices. If you find that the debt collectors and creditors have overstepped their boundaries by harassing you, either through physical harm or excessive communications, you may be entitled to a fair settlement. Here is how to deal with FDCPA violations made by creditors and debt collectors.
Starting out – Who is involved
The first step to suing a debt collector or creditor that has violated FDCPA guidelines is to establish who violated the standards. This may seem a bit backwards, but depending on which party violated the laws may influence what steps are taken.
The simplest way to determine this is to get in contact with the parties involved. Contacting the debt collection agency may lead to strong conversations in regards to who decided to overstep their boundaries and call you past reasonable hours of business. If the debt collector was the one to make that decision, the state may argue that the entirety of the agency is at fault.
If the creditor is the one found to be in violation, the steps may be a bit different. Instead of getting the courts involved, it may be best to keep it out of the courts, and work to manage an out-of-court debt negotiation with leverage based on the FDCPA violation. However, if those do not work, suing the creditor may be your only option.
Establishing Reason and Cause
Once the party involved has been identified, the next step is to properly record and maintain the facts. In the instance of an FDCPA violation, the statements proving that the debt collector or creditor violated those standards may be in the form of phone call records, physical letters or emails sent by the parties, or statements and witness testimonies made about the harassment done to you by those parties.
If they are viable, it is imperative that you properly record and maintain the information in a safe place. Keeping the facts written down recorded means that they cannot be altered, and that they are hard evidence even in the future. This also ensures that, if the violators of the FDCPA attempt to go back and backtrack on their words, or attempt to twist and skew their own mistakes, you will have the evidence to prove them wrong and keep the negotiations, or court case, in full motion.
Choose your Avenue of Focus
If there has been reasonable cause that there has been a violation of the FDCPA, there are a few ways you can go about making your lawsuit. The starting point is who you would prefer to talk to about bringing this injustice to light, and how you want it handled.
The first option is to speak with a government agency about the FDCPA violation. One, if not the only, agency that takes care of these violations is the Federal Trade Commision, or the FTC. You may also contact the Consumer Financial Protection Bureau, or the CPB. Both agencies may take a bit longer in terms of getting the case handled and properly taken care of, but they hold a lot of weight. When dealing with companies such as a medical conglomerate, big names are sometimes what you do need to push your case forward.
Another option is to report the violation of FDCPA to the state attorney general. If the FDCPA is being violated, they may also be in violation of a few state laws that should be brought up. Contacting the state attorney general may give you an opportunity to find more information and leverage against the violator of the FDCPA. Not only that, if the state attorney general finds that the debt collectors have been in violation on more than one occasion, they may even sue on behalf of the state, alleviating some of your issues and worries.
Lastly, although this does not constitute a lawsuit, you may use the violation as leverage during debt negotiations. If you know that the debt collector and/or creditor are in violation of the laws, bringing that to the negotiations may gain you leverage in how much you can ask for and how much you can have waived. This is due to the creditor and/or debt collector not wanting to have to tangle with the higher courts. If it is seen as too much of a hassle, they may cave and follow your stipulations to not have the violations openly brought before the courts.
Find an experienced legal advisor
The last step in a lawsuit against the FDCPA is to find a strong legal advisor or attorney to help with the legal process. An attorney will not only be able to manage and categorize your information and evidence, they will also ensure that any shady tactics or loopholes are not exploited when in communications with the other parties involved. They will help to ensure that you get the proper amount you need and deserve for the violations and problems the debt collectors and creditors have caused to you.
by Paul MankinWho is calling me from 1-800-444-1944?
Are you receiving harassing phone calls from 1-800-444-1944. This number belongs to BCA Financial Services, a debt collection agency located in Palmetto Bay, Florida. The agency provides debt collection services to medical and healthcare providers.
Contact Information:
18001 Old Cutler Rd STE 462
Palmetto Bay, FL 33157-6437
Phone: (305) 909-2200 and 1-800-444-1944
Complaints for FDCPA violations have been filed against BCA Financial Services with the Better Business Bureau (BBB) and the Consumer Financial Protection Bureau (CFPB). These complaints allege BCA Financial Services engages in collection practices such as:
- Calling consumers before 8:00 a.m. or after 9:00 p.m.
- Falsely reporting credit information to the credit reporting agencies
- Failing to provide debt verification to consumers
- Continuing to attempt collection on a debt before providing verification and/or after being asked in writing not to contact the consumer
These are all Fair Debt Collection Practices Act (FDCPA) violations, a federal law enacted to help protect consumers from abusive, deceptive, and harassing practices by debt collectors.
If you are getting harassing phone calls from 1-800-444-1944, please contact our office for a free, no obligation case review at 1-800-219-3577. We will also explain how to stop harassing phone calls.
by Paul MankinHow Long Do Late Payments Stay On My Credit Report?
The length of time a credit-related event may be reported on a consumer’s credit report depends on the event type. Hard credit inquiries, for example, may remain on a credit report for up to two years. A late payment, on the other hand, will typically remain on a credit report for seven years.
Indeed, a late payment may affect a consumer’s credit long after the account is paid off, and it will continue being reported even after the account is closed. A consumer with good credit who has a long history of making timely payments is unlikely to see a significant drop in their credit rating due to one or two past-due payments. The existence of a late payment can, however, carry a harsh penalty for a consumer who does not otherwise have strong credit or for one who does not have much of a credit history.
Unfortunately, account delinquencies are reported in the same manner irrespective of the reason for the delinquency. In other words, a consumer who makes a late payment because they were preoccupied by illness or they were otherwise delayed for a reason outside of their control will be penalized the same way as a consumer who cannot afford to make a timely payment or who simply isn’t responsible about paying on time.
All hope is not lost, however, because there is no rule requiring all delinquencies to be reported for any amount of time, let alone for the entire permissible reporting period of seven years. When an otherwise responsible consumer is faced with making a rare late payment, they may be able to head off reporting the delinquency by simply contacting the creditor and explaining the situation. Of course, a creditor is unlikely to consider such a request unless and until the late payment is actually made. Assuming the consumer settles the delinquency and does not have a history of making late payments or requesting late payment forgiveness, such a request is not seen as unreasonable.
If, however, a consumer provides their late payment without contacting the creditor and requesting that the delinquency not be reported, the consumer will almost certainly see the past-due payment appear on their credit report irrespective of how flawless their account activity has otherwise been.
Once a delinquency appears on a consumer credit report, the consumer can try contacting the creditor to request removal of the delinquency. Under identical circumstances, it takes more effort for a creditor to remove the delinquency after it has been reported, so it is in the consumer’s interest to contact the creditor as soon as they know their payment is going to be late and, ideally, before the late payment appears on their credit.
If the creditor is unwilling to remove the delinquency, a consumer can open a dispute with the credit reporter—e.g., TransUnion, Experian, or Equifax—and simply ask for its removal. If the creditor does not dispute the request, the credit reporter should grant the consumer’s request and promptly update the consumer’s report to reflect the removed delinquency.
by Paul MankinHas a debt collector ever used abusive or profane language when speaking to you?
Has a debt collector ever used abusive or profane language when speaking to you?
Receiving a call from a debt collector can be unnerving and intimidating. Many debt collectors are aware of this, and some will use tactics to intimidate you into making payments. The FDCPA protects consumers from harassing and abusive behaviors. A debt collector is not permitted to verbally abuse, use profane or obscene language, mock, or insult you. In their communications, both written and verbal, debt collectors must be respectful and businesslike.
If you are experiencing these harassing and abusive behaviors from a debt collector, please contact our office for a free, no obligation consultation at 1-800-219-3577.
by Paul MankinIs Encore Receivable Management Calling or Harassing You?
Encore Receivable Management, Inc.
Encore Receivable Management, Inc. (ERM) is a third-party debt collector that serves wireless and cable communications, banks, credit cards, and automobile lenders. The company was founded in 1999 and is based in Olathe, Kansas with additional locations in Lenexa, Kansas and the Philippines.
ERM is not accredited by the Better Business Bureau. To be accredited by the Better Business Bureau a company must demonstrate trust, honesty, transparency, responsiveness, and integrity. The Better Business Bureau gives ERM a “C-” rating for failing to respond to consumer complaints. The Better Business Bureau reports eight (8) complaints filed against ERM in the last 3 years. These complaints almost exclusively deal with frequent and repeated calling. One consumer reported receiving more than 100 calls in one month.
The Fair Debt Collection Practices Act (FDCPA) and the Rosenthal Fair Debt Collection Practices Act (RFDCPA) prevent creditors and debt collectors from abusive and harassing debt collection practices. This includes calling consumers repeatedly or continuously with the intent to annoy, abuse or harass. Although federal and state law does not state the exact number of calls that would constitute harassment, there is a large volume of case law that interprets three (3) or more calls a day from the same debt collector to be harassing.
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 ERM accountable. Please contact our office for a free, no obligation consultation at 1-800-219-3577.
by Paul MankinHow Do I Dispute a Tradline with Experian?
Experian is one of three major U.S. credit reporting bureaus, each of which is regulated by the Fair Credit Reporting Act (FCRA). In addition to other consumer credit fairness and privacy provisions, the FCRA regulates the types of credit-related financial information (or “trade lines”) a reporting agency like Experian can use to calculate a consumer’s credit score or disclose in a consumer’s credit report.
Active credit monitoring enables a consumer to identify and resolve trade lines that appear or remain on their credit report outside the FCRA’s permissible reporting parameters, including trade lines that are erroneously reported (e.g., due to false or fraudulent claims) or outdated (e.g., a missed payment that is more than 7 years old). While the FCRA places a statutory limit on how long an agency may report a negative—or potentially negative—trade line, such outdated items commonly remain on more credit agency reports simply due to oversight. Depending on the type of trade line, the statutory reporting limit is either 2 years (credit history requests), 7 years (missed payments; most public record items, such as court judgments; chapter 13 bankruptcy), or 10 years (paid closed accounts; chapters 7, 11 and 12 bankruptcies).
When a consumer discovers erroneous or outdated information on their Experian credit report, they can notify Experian and request removal or correction of the trade line by filing an official dispute. A dispute may be filed online or by mailing a letter detailing the nature of the dispute and containing the following information: full name, date of birth, tax ID (SSN or ITIN), phone number, and current address. The following sample letter includes the Experian dispute mailing address:
Experian’s National Consumer Assistance Center
P.O. Box 4500
Allen, TX 75013
Date: January 1, 2019
Re: Credit Report Dispute
Name: John Doe
Social Security Number: XXX-XX-XXXX
Date of Birth: 1/2/1900
Current Mailing Address: 123 Main Street, Faralon CA 94XXX
Previous Mailing Address (if applicable): 456 Old Street, Faralon CA 94XXX
The following Experian report trade line is hereby disputed:
Trade Line Reference # 55555555 – Bankruptcy filed 11/10/2005: This Chapter 7 bankruptcy was filed more than 10 years ago. A true and correct copy of the bankruptcy filing is included herewith for reference. As such, this item is outdated and must be removed.
Sincerely,
John Doe, Consumer
Upon receiving a consumer dispute, Experian conducts an investigation and renders a decision on the matter within 30 days (21 days for Maine residents). During an investigation, Experian contacts the source of the disputed information (e.g., the creditor) by phone, mail, or via an automated verification system. The source is asked to either verify or refute the information provided in the consumer’s dispute.
Once complete, Experian notifies the consumer of the results of their investigation, as well as the resolution of the disputed matter. If the source of the disputed information verifies or objects to the disputed matter, Experian will relay that response to the consumer. If Experian concludes a dispute has merit and that a trade line update is warranted, the update will be made upon closure of the dispute. If the source fails to respond to Experian’s verification request within the stated time, Experian will resolve the dispute in the consumer’s favor and update the disputed item as requested.
by Paul MankinDid you purchase a vehicle with flood or hurricane damage?
With climate change comes more severe weather patterns, including devastating hurricanes and tropical storms that last longer than ever in our lifetimes to date. In California, we have seen a rise in fires over the last several years, which has created hazard for flooding and erosion. One of the little discussed effects of increased flooding is the damage to vehicles, especially in the resale market. It is not only the case with California vehicles that this problem exists, It is also with vehicles damaged by hurricane and tropical storms and flooding around the country as damaged cars are resold either as part of the buyer’s significant life event or simply as part of a purchase from sellers in one state to sellers in others. Used cars are often transferred between states en masse after a natural disaster, such as a tropical storm or hurricane influx.
The proper series of events when a vehicle is damaged by water from any source is for there to be an insurance claim filed and then for the insurer to make a damage report regarding the vehicle’s damage history and, if necessary, the addition of a flood title. This damage report then appears on the vehicle history attainable by dealers and by individuals who use services such as CarFax or AutoCheck. During times of chaos, however, such as during a major storm, reporting does not always occur as it should.
Whether it is because someone lost their home and will simply have to deal with repairs themselves if and when they get to it or, as occurs in many cases, because the owner carried only minimal insurance coverage that is unlikely to adequately cover the damage sustained, these storm vehicles are often simply salvaged or the carpeting is replaced and other signs of damage or exposure are repaired or covered up. In either case, this kind of misrepresentation is fraudulent and illegal. In California, it is a basis for voiding the contract for sale of a vehicle.
Even with obvious unreported damage, it can be costly and time consuming to take a seller to court, and there is no guarantee a buyer will actually recover payment from the seller even if they win a judgment against it. Therefore, it is incumbent on the would-be used car buyer to exercise due diligence and caution not only in vetting a vehicle for purchase but also in vetting the seller, whether that a dealer for the owner himself. When it comes to flood damage especially where there is an influx and water damage vehicles into markets like California due to weather disasters all across the country, it is unfortunately not terribly uncommon for dealers or for those selling to the dealers to fail to report no damage air even to falsify documentation make a vehicle history of here quicker than it actually is. A used car fire should always have independent Third-party mechanic and auto body shop examine a vehicle before making a deal for its purchase.