Are you being called by Creditmax Collection Agency, Inc.?* Here’s what you need to know
With so many people living paycheck to paycheck, it’s alarmingly easy to fall into serious debt. All it takes is a layoff or major illness to leave you so far behind on your credit card bills and student loan debt that you become a target for debt collectors in no time. If you find yourself in this situation, it’s important to educate yourself on what collection agencies can and cannot do to collect your debt.
Your Rights Under the FDCPA
Before 1977, so many people were declaring bankruptcy due to abusive collection practices that Congress passed the Fair Debt Collection Practices Act, or FDCPA. This federal law made it illegal for third-party debt collectors to use methods like those below to collect money.
- Using profane and obscene language
- Threatening action they cannot legally take or have no intention of taking
- Calling before 8:00 a.m. and after 9:00 p.m. in your time zone
- Calling you at work if they know what such calls are not allowed
- Contacting you after you have sent a cease and desist letter
- Contacting you directly after you retain an attorney
Company Profile: Creditmax Collection Agency, Inc.
If you are being called by Creditmax Collection Agency, Inc. , information about the company is below.
Creditmax Collection Agency, Inc. is a debt collection office located in Fort Wayne, Indiana. It was established in 1999, has less than 10 employees, and is managed by its President, Richard Holden. A review of consumer complaint boards and litigation records archived at the PACER (Public Access to Court Electronic Records) website confirms that consumers who believed they were being harassed by Creditmax Collection Agency, Inc. pushed back with their own demands when chased for payment.
Alleged Violations against Creditmax Collection Agency, Inc.
According to PACER, on April 22, 2002, 2002, Creditmax Collection Agency, Inc. sued an Indiana resident regarding a defaulted auto loan she had cosigned for years previously. When she was allegedly served at an address where she had never lived, she did not appear in court and Creditmax Collection Agency, Inc. obtained a default judgement against her. She was not aware of it until 2006, when her employer received a Final Order In Garnishment.
On December 8, 2006, she called the agency to let it know that it should not be trying to collect this debt from her, as it had been discharged in a 2000 bankruptcy. A representative allegedly promised her that the garnishment would be rescinded. CreditMax, however, failed to take the steps necessary to rescind the order.
Accordingly, She called CreditMax again and asked to speak with its in-house attorney, Michael Cook, who allegedly told her that because the debt was not listed on her bankruptcy, the agency would not rescind the garnishment.
Feeling harassed by Creditmax Collection Agency, Inc., she hired a consumer attorney and sued the company for allegedly violating the FDCPA in the following ways:
The matter was later settled.
Hire an Attorney
The phone numbers for this debt collection company are:
If your phone rings and either of these number flash on your caller ID, it means that you are being called by Creditmax Collection Agency, Inc.. If they sue you and try to garnish your wages over a debt discharged in an earlier bankruptcy, hire a consumer attorney. If you decide to file a claim against Creditmax Collection Agency, Inc., you could end up being awarded $1,000 per FDCPA violation plus legal fees and reasonable costs. Ignoring your rights is an expensive mistake for a debt collector to make.
*Case taken from PACER (www.pacer.gov). File number is Case 1:07-cv-00181-DFH-JMS from the United States District Court for the Southern District of Indiana, Indianapolis 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 Creditmax Collection Agency, Inc., or any other third-party collection agency, you may not be entitled to any compensation.