If you are a resident of Minnesota and Array Services Group, Inc. is trying to contact you, federal and state laws protect you against unethical debt collection agency behavior.
Passed by the United States Congress in 1977, the Fair Debt Collection Practices Act (FDCPA) prohibits third party debt collectors from using abusive language and making physical threats. The FDCPA also protects consumers against deceptive debt collection techniques.
Shortly after the FDCPA became federal law, Minnesota enacted the Minnesota Fair Debt Collection Practices Act (MFDCPA), which addresses legal issues that include the statute of limitations for collecting outstanding debts. You have the right to speak with a licensed Minnesota lawyer to fight any illegal tactics implemented by Array Services Group, Inc.
The MFDCPA and Statutes of Limitations
In Minnesota, third party debt collectors have six years to pursue a court ordered judgment for the collection of delinquent consumer debts. Minnesota law starts the statute of limitations on the date of the last payment on a credit account or the date when a consumer confirmed the existence of a debt.
It is much easier for a debt collection agency such as Array Services Group, Inc. to prove the date of the last payment made on a consumer credit account. After winning a judgment within six years, Array Services Group, Inc. has 10 years to pursue the collection of a consumer debt.
Minnesota law grants third party debt collectors a judgment extension of another 10 years, which means you might have to fight Array Services Group, Inc, for up to 26 years.
Can Array Services Group, Inc. Add Collection Fees?
Original creditors write off and sell delinquent consumer debts to third party collectors for pennies on the dollar. Included in the original debt are fees and interest charges that third party debt collectors have the right to pursue by winning a judgment.
In Minnesota, third party debt collectors can add more fees and interest charges to a debt collection bill, if the original credit contract explicitly permits the collection of additional fees and interest.
A consumer protection lawyer can determine whether the original credit contract you signed allows a third party collector to tack on fees and interest charges to a debt.
Wage Garnishment in Minnesota
Winning a judgment against a consumer means a third party debt collector has won the legal right to garnish wages to collect an outstanding consumer debt. Minnesota law has set a maximum wage garnishment at 25% of a consumer’s disposable income or 40 times the federal minimum wage, whichever is the lower amount. Disposable income is wages minus taxes and court ordered payments like child support.
Know Your Consumer Rights in Minnesota
Don’t allow a debt collection agency such as Array Services Group, Inc. push you around. Federal and Minnesota law grants several legal protections for consumers that include wage garnishment guidelines.
If Array Services Group, Inc violates one of more provisions of the FDCPA and/or MDCPA, an experienced lawyer can help you file a claim for damages.
*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 Array Services Group, Inc. or any other third-party collection agency, you may not be entitled to any compensation.