Debt collectors are known for being overzealous. People who owe as little as $50 have been threatened, embarrassed at work, and targeted with a series of prerecorded calls. If you are treated in this manner simply because you are in financial distress, there are ways that you can bring the bullying to an end.
Your Rights Under the FDCPA
When the Fair Debt Collection Practices Act, or FDCPA, became law in 1978, indebted consumers now had protection from malicious collection agencies. Any third-party collection agency that uses these practices to compel payment can be fined and put out of business.
- Using profane and obscene language
- Showing up at your house to intimidate you
- Demanding amounts not supported by law or the original creditor agreement
- Telling you that you can arrested or imprisoned
- Calling you before 8:00 a.m. and after 9:00 p.m. in your time zone
- Threatening action they are not in a position to legally take
Company Profile: Apothaker Scian
If you are being called by Apothaker Scian, here is some background information on the firm.
Apothaker Scian is a debt collection law office located in Mount Laurel, New Jersey. It was established in 1994, has a staff of 35, and is managed by its President, David J. Apothaker. Legal records that can be accessed at the PACER website indicate that consumers who believed they were being harassed by Apothaker Scian hired their own legal counsel to deal with the demands.
Alleged Violations against Apothaker Scian
According to PACER, in late 2014, Apothaker Scian filed a lawsuit against a Pennsylvania consumer to collect on a defaulted auto loan. Before she could obtain counsel a default judgment of over $13,000 was entered against her.
It turned out that this original debt was time-barred because she had not made a payment against it in years.
Feeling harassed by Apothaker Scian, she hired a consumer attorney and sued the firm for allegedly violating the FDCPA by:
- Using false, deceptive, or misleading means to collect a debt
- Using unfair and unconscionable means to collect a debt
- Suing her for a time-barred debt
The matter was later dismissed.
Hire a Consumer Lawyer
The phone numbers for Apothaker Scian are:
If they appear on your caller ID, Apothaker Scian is calling, presumably to collect a debt from you. If they sue you to recover a time-barred obligation, don’t panic. Instead, hire a consumer attorney and fight back by filing a claim against Apothaker Scian.
The law is on your side in these situations, so you could be awarded $1,000 per FDCPA violation plus legal costs. It can literally pay when you fight back.
Case taken from PACER (pacer.gov). File number is Case 2:15-cv-00981-NIQA from the United States District Court for the Eastern District of Pennsylvania.
*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 Apothaker Scian or any other third-party collection agency, you may not be entitled to any compensation.