If debt collectors are making your life difficult by calling you at work, ignoring your dispute notices, and leaving nasty messages on your voicemail, you may wonder if anything short of bankruptcy will stop the harassment.
The good news is that a federal consumer protection law allows you to take action and seek compensation when debt collectors mistreat you.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, protects the rights of consumers who owe money. It allows you to dispute a debt, tell a collector to stop calling and sue them if they use collection methods like the following on you.
- Using profane language
- Making threats they cannot legally follow up on, such as having you arrested
- Refusing or failing the validate the debt
- Demanding amounts that exceed the amount of the original debt
- Calling you outside of the hours of 8:00 a.m. to 9:00 p.m. in your time zone
- Calling you at work if they know that your employer does not permit such calls
Company Profile: AMS Servicing, LLC
If you are being called by AMS Servicing, LLC, more information about the agency is summarized below.
AMS Servicing, LLC is a collection agency in Depew, New York. It was founded in 1992, has nine employees and is managed by Gabino Tellez and Craig Lindauer. It specializes in the acquisition, servicing, and disposition of distressed residential whole loans.
The company was acquired by Seneca Mortgage Servicing LLC in 2013. Records at the PACER website indicate that consumers who believed that they were being harassed by AMS Servicing, LLC challenged the agency to prove its claims.
Alleged Violations against AMS Servicing, LLC
According to PACER, in or around April and May of 2012, AMS Servicing, LLC began calling a Georgia consumer despite allegedly knowing that she was represented by an attorney regarding the debt. She also alleged that it threatened to foreclose on her home without first providing her with verification of the debt.
Feeling harassed by AMS Servicing, LLC, the consumer sued the agency for allegedly violating her rights by:
- Contacting him directly when he was represented by an attorney regarding the debt
- Failing to send a debt validation letter
The matter was later settled.
Hire a Consumer Lawyer
The phone numbers for this debt collection agency are:
If they appear on your caller ID when the phone rings, it means that you are being called by AMS Servicing, LLC. If they keep calling and sending demand letters when they know or should know that you have an attorney, defend yourself hiring a consumer lawyer and filing a claim against AMS Servicing, LLC.
You could receive $1,000 per FDCPA violation plus your attorney fees, so when a debt collector uses harassment as a collection tactic.
Case taken from PACER (pacer.gov). File number is Case 1:12-cv-01921-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 AMS Servicing, LLC or any other third-party collection agency, you may not be entitled to any compensation.