If you are in debt or have fallen behind in your regular bill payments, you may be hearing from collection agencies via phone or letter. They will demand payment and, if you are seriously in arrears, threaten you with wage garnishment or asset seizure. They might even call your friends and family to embarrass you into paying. If so, you should know your rights.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act (FDCPA) limits what third-party debt collectors can say or do to you while attempting to collect debt payments. In particular, it prohibits them from using extreme and harassing tactics like the following:
- Calling you every day
- Using profane or obscene language
- Failing to identify themselves as debt collectors seeking to collect a debt
- Swearing and making threats they cannot legally follow up on
- Calling you at work after you tell them that your boss doesn’t allow such calls
- Failing to report to the credit bureaus that a debt is in dispute
Company Profile: Delta Recovery Systems
If you are being called by Delta Recovery Systems, information about the company is below.
Delta Recovery Systems is a debt collection company located in Long Valley, New Jersey. It was established in 1993, has fewer than 10 employees, and is managed by its President, David Ward. According to the company website, it serves both national and international clients, and has an executive team with 50 years of experience in the collections industry. Litigation records viewable at the PACER (Public Access to Court Electronic Records) website, confirms that consumers who felt they were being harassed by Delta Recovery Systems resisted all collection attempts in favor of fighting back.
Alleged Violations against Delta Recovery Systems
Plaintiff vs. Delta Recovery Systems et al*
According to PACER, on or about August 10, 2011, Delta Recovery Systems sent a collection letter to the last known address of a consumer, who was now deceased, seeking payment for an old medical debt. Her husband, the Plaintiff, disputed the debt by letter and fax, and did not receive validation of the debt until September 2012, a year later. The Plaintiff noticed that although the original amount of the alleged debt was $4,539, Delta Recovery Systems was demanding $6,675.
Feeling harassed by Delta Recovery Systems, he hired a consumer attorney and sued the company for allegedly violating the FDCPA in the following ways:
- Misrepresenting the amount of the debt
- Using unfair and unconscionable means to collect a debt
The matter was later settled.
Hire an Attorney
The phone numbers for this debt collection agency are as follows:
If you see either one on your caller ID in response to an incoming call, it means that you are being called by Delta Recovery Systems. If they fail to verify the debt in a timely manner and demand an amount that far exceeds the original amount, hire a consumer attorney. Such actions violate the FDCPA, and, if you successfully file a claim against Delta Recovery Systems, you could potentially receive $1,000 per FDCPA violation. Hiring an attorney to help you pursue a claim can stop the harassment and even get you the compensation you deserve.
*Case taken from PACER (www.pacer.gov). File number is Case 2:33-av-00001 from the United States District Court for the District of New Jersey.
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 Delta Recovery Systems, or any other third-party collection agency, you may not be entitled to any compensation.