If you’re constantly receiving calls and letters from a debt collection agency like American Recovery Service, it’s normal for you to feel stressed and worried about your financial future. After all, no one expects to be harassed and intimidated by a company for owing money. However, there are things you can do to ease your anxiety and regain control.
If you find yourself in this situation, don’t let the bullying get to you. American Recovery Service may be a debt collector, but you have legal rights and protections they must follow. There are also certain defenses you can raise if they sue you in an attempt to collect an allegedly overdue debt. With these affirmative defenses, you could prevail against the debt collector in court.
Why is American Recovery Service suing me?
American Recovery Service is one debt collection company that may surprise many people. The reason for this surprise is that many people have no memory of ever making a purchase or taking out a loan from this company. If you are one of these people, you are not alone. To help clear things up about American Recovery Service, here’s some general information about how they work:
American Recovery Services is a debt collection agency that has been accused of using aggressive and unethical tactics to collect debts. The company was created in 1986 and specializes in formal notices and debt collection. American Recovery Services has been repeatedly sued by consumers for allegedly violating the Fair Debt Collection Practices Act.
US Collections Service Uses Questionable Debt Collection Tactics
There are several shady and unsavory tactics used by collection agents working for American Recovery Service when contacting consumers. Some of these tactics are highly questionable and can cause the consumer a great deal of distress:
- Making obscene or vulgar comments during telephone conversations is not only rude, but can also be considered harassment
- Call consumers before 8:00 a.m. or after 9:00 p.m.
- They cannot, for example, destroy your credit or arrest you
- Reach customers in their workplace
- Contact consumers several times a day or a week
If you’ve been called by American Recovery Service and feel like you’re being treated unfairly, you may be able to take legal action against the company. You could potentially get money as compensation for what happened.
The Fair Debt Collection Practices Act protects you from unfair debt collection practices
As mentioned, the Fair Debt Collection Practices Act (FDCPA) is a federal law that gives consumers the ability to take legal action against debt collectors. This law was enacted in 1977 to protect consumers from harassment and threats from debt collectors who used abusive and unethical tactics to attempt to obtain payment for overdue debts. Under the FDCPA, a consumer has certain legal rights and protections, including:
- You can dispute the debt and not request any further contact
- Do not allow debt collectors to call you at work if your employer does not allow such calls
- The debt collector must provide proof that the debt exists and that he is authorized to demand payment
- You will need to be represented by a lawyer if you go through debt resolution
Here are some tips to help you win
If you are being sued by American Recovery Service, the best thing to do is to respond to the complaint. This will put you in a much better position to win your case in court. There are other things you can do to improve your chances of success, but the most important thing is to simply respond to the complaint.
Debt collection suits usually begin when the debt collector files a formal summons and complaint alleging that the consumer owes a certain amount of money. Often consumers will choose to ignore the complaint and take no action. However, this is a serious error since it allows the debt collector to file a petition asking the Court to enter a Default judgment against the consumer. If the court grants default judgment, the debt collector will be able to take actions such as wage garnishment and asset seizure against the consumer.
Don’t let the American Recovery Service lawsuit take you by surprise. Be proactive and file a formal response to the complaint. In your response, draw attention to some of the major issues and shortcomings of the American Recovery Service case. For example, you must ask American Recovery Service to provide evidence demonstrating the following essential information:
1. The person responsible for repaying the debt is you
2. You may be subject to legal action by American Recovery Service if you fail to meet your obligations
3. You are sued for the amount stated in the complaint
Gathering evidence to confirm these essential facts is crucial as it is not uncommon for these large debt collection agencies to sue the wrong person or lack essential financial documents showing that you owe the alleged debt.
If the statute of limitations has expired, you may have an affirmative defense against the debt collection lawsuit from American Recovery Service. The statute of limitations is the time within which a person can bring a lawsuit. If American Recovery Service filed its lawsuit after the statute of limitations expired, you can file a motion to dismiss the debt collection lawsuit. Crixeo can help you navigate this process and complete the necessary paperwork that needs to be filed with the court.