Debt collectors are known for crossing the line to settle a debt. Consumer complaint boards are full of stories about collection agents swearing at people, threatening unfounded legal action, and even calling their friends and family to embarrass them.
They count on you not being aware of your rights which legally protect you from such treatment.
Your Rights Under the FDCPA
Legally, third-party debt collectors are not allowed to harass you into paying a debt. Under the Fair Debt Collection Practices Act, or FDCPA, methods like the following can get the offending agency in serious trouble:
- Calling before 8:00 a.m. and after 9:00 p.m. in your time zone
- Reporting inaccurate information to the credit bureaus
- Pretending to be police officers or federal agents
- Calling you at work after you’ve told them that your employer won’t let you take such calls
- Using profane and obscene language
- Threatening legal action they are not eligible to take or have no intention of taking
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Company Profile: Professional Collections, Inc.
If you are being called by Professional Collections, Inc., information about the company is below.
Professional Collections, Inc. is a collection agency located in Decatur, Georgia. It was established in 1987, has approximately 10 employees, and is managed by its CEO, Judith Rausher.
Records viewable at the PACER (Public Access to Court Electronic Records) website confirm that consumers who felt they were being harassed by Professional Collections, Inc. hired attorneys and asserted their rights in court.
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Alleged Violations against Professional Collections, Inc.
According to PACER, on July 31, 2014, Professional Collections, Inc. sent a collection letter to a Georgia resident. The letter, which was later presented as an exhibit, made statements that he perceived to be threats, such as:
“Should you dispute this debt, please notify the creditor’s Bureau (sic) Office at….within fifteen (15) days from the date of this letter and verification of said debt will be provided to you. Should neither our office nor the creditor receive correspondence from you within said fifteen (15) day period, we will consider the debt to be valid and proceed with aggressive collection efforts. Please govern yourself accordingly.”
Under the FDCPA, the consumer has 30 days to dispute the debt, not 15. The FDCPA also requires the debt collector to address any disputes, not the creditor.
Feeling harassed by Professional Collections, Inc., he hired a consumer attorney and sued the company for allegedly violating the FDCPA in the following ways:
- Threatening legal action it was not in a position to take
- Failing to appropriately advise him of his rights in the matter.
When Professional Collections, Inc. failed to respond, the company was noted in default and ordered to pay him $5,349.00 for the statutory damages, attorney fees and litigation expenses.
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Hire an Attorney
If Professional Collections, Inc. sends you letters that threaten unfounded legal action and misrepresent your rights, hire a consumer attorney. Such actions violate the FDCPA, so if you file a claim against Professional Collections, Inc., you could potentially receive $1,000 per FDCPA violation in addition to associated damages and costs.
Don’t let a debt collector bully you into bankruptcy. The law protects you when they cross the line.
*Case taken from PACER (www.pacer.gov). File number is Case 1:15-cv-00157-TWT from the United States District Court for the Northern District of Georgia, Atlanta Division.
Disclaimer: The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against Professional Collections, Inc., or any other third-party collection agency, you may not be entitled to any compensation.