Many people wake up to harassing and abusive voicemails from debt collectors. If this is happening to you and you are contemplating bankruptcy as a result, understand that there are other ways that you can bring these upsetting communications to an end.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, specifies when and how a debt collector can try to collect a debt from you. Prohibited conduct includes but is not limited to the following:
- Swearing at you
- Demanding that you pay a time-barred debt
- Threatening legal actions they have no intention of taking
- Pretending to be members of law enforcement to scare you into paying
- Calling you names and asking why you don’t pay your bills
- Mocking your inability to pay
Company Profile: American Debt Services, LLC
If you are being called by American Debt Services, LLC, here is some more information about the agency.
American Debt Services, LLC, which also does business as American Debt Service LLC, is a debt collection agency located in Edina, Minnesota. It was established in 2007, has 26 employees, and is managed by Esther Berman. Archived information at the PACER website confirms that consumers who believed that they were being harassed by American Debt Services, LLC refused to give in and pay.
Alleged Violations against American Debt Services, LLC*
According to information on the PACER website, in or around August 26, 2015, American Debt Services, LLC started contacting a Minnesota consumer to collect a debt. This debt arose from a judgment awarded to a former creditor in 2003, which put it outside the statute of limitations in Minnesota. The consumer complained that American Debt Services, LLC had wrongfully claimed that the judgment had never expired and that he had discussed it with them in 2010.
Feeling harassed by American Debt Services, LLC, the consumer filed an FDCPA claim against the company for:
- Trying to collect a time-barred debt
- Failing to identify itself as a debt collector in all communications
- Using harassing means to collect a debt
- Failing to send a debt validation letter
- Using false, deceptive, and misleading means to collect a debt
- Using unfair and unconscionable means to collect a debt
The matter was later dismissed.
Hire a Consumer Lawyer
The phone numbers for this debt collection company are:
If you see any of them on your caller ID, it means that you are being called by American Debt Services, LLC. If they chase you over a debt that you are no longer legally obligated to pay, hire a consumer lawyer and file a claim against American Debt Services, LLC. A successful outcome means that you could be awarded $1,000 in statutory damages plus legal costs, so remember that in cases like this, the law is on your side.
*Case taken from PACER (www.pacer.gov). File number is CASE 0:15-cv-03717-DWF-SER from the United States District Court for the District of Minnesota.
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 American Debt Services, LLC or any other third-party collection agency, you may not be entitled to any compensation.