Are you dealing with rude and intrusive calls from debt collectors? Are your friends, family, and co-workers being contacted with details about your alleged debt?
If so, you are understandably upset, but remember: you do not have to tolerate such mistreatment. No matter how much you owe, you have rights, and an attorney can help you assert them.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, grants you the right to dispute a debt and tell third-party collection agencies to cease all contact. It also prohibits the use of activities like those below when collecting or attempting to collect a debt.
- Using profane and obscene language
- Claiming that you can be arrested, have your assets seized, or have your wages garnished for nonpayment
- Reporting inaccurate information to the credit bureaus
- Asking you rude questions like why you don’t pay your bills
- Pretending to be attorneys, police officers, or federal agents
- Calling at unreasonable and inconvenient hours
Company Profile: Check Plus Systems
If you are being called by Check Plus Systems, information about the company is below.
Check Plus Systems is a debt collection company located in Ringwood, New Jersey. It was established in 2003, less than 10 employees, and is managed by its CEO, Christopher O'Hara.
A close inspection of consumer litigation files viewable at the PACER (Public Access to Court Electronic Records) website indicates that consumers who believed that they were being harassed by Check Plus Systems used the court system to assert their legal rights.
Alleged Violations against Check Plus Systems
Teri Sbrissa vs. Check Plus Systems*
According to PACER, Check Plus Systems began calling Florida resident Teri Sbrissa in November 2010, both on her cell phone and at her brother’s home. One collector, Mr. Tucker, allegedly threatened her with arbitration and legal action on March 15, 2011 and said he would see her “in court.”
Feeling harassed by Check Plus Systems, Ms. Sbrissa hired a consumer attorney and sued the company for allegedly violating the FDCPA in the following ways:
- Using false, deceptive, and misleading means to collect a debt
- Threatening legal action that could not be taken
- Failing to identify itself as a debt collector in all communications
- Using harassing and abusive means to collect a debt
The matter was later resolved.
Hire an Attorney
The phone numbers for this debt collection agency are as follows:
If any of these numbers flash on your caller ID when the phone rings, it means that you are being called by Check Plus Systems. If they threaten lawsuits that never transpire, hire a consumer attorney who can help you fight back.
If you file a claim against Check Plus Systems, you could potentially win $1,000 per FDCPA violation plus court costs and reasonable attorney fees, so remember that accepting harassment is not your only option.
Case taken from PACER (www.pacer.gov). File number is Case 3:11-cv-00205-RS-EMT from the United States District Court for the Northern District of Florida, Pensacola 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 Check Plus Systems or any other third-party collection agency, you may not be entitled to any compensation.