Collection agencies frequently use deceptive and otherwise unethical practices to make people pay debts. In many cases, the actions they take are illegal and can leave you so stressed out that you feel as if you are losing control over your life.
If you’re being harassed in this manner, working with a consumer lawyer can help.
Your Rights Under the FDCPA
Over 40 years ago, the Fair Debt Collection Practices Act (FDCPA) was passed to curb the aggressive actions of overly zealous debt collectors. It grants you important rights and gives you the legal standing to sue a collection agency that subjects you to the following:
- Threatening you with arrest or with wage garnishment
- Suing you to collect a time-barred debt
- Misrepresenting how much you owe
- Calling your company’s payroll department and requesting information for a “garnishment order”
- Saying they will physically harm you
- Using foul language when they speak to you
Company Profile: Everest Receivable Services, Inc.
If you are being called by Everest Receivable Services, Inc., below is an overview of the agency’s background.
Everest Receivable Services, Inc., is a debt collection agency located in Getzville, New York. It opened for business in 2008, has six people on staff, and is managed by its President, Neil A. Walsh.
A thorough inspection of legal records at the PACER website reveals that consumers who believed they were being harassed by Everest Receivable Services, Inc. sued the company for violating their rights.
Alleged Violations against Everest Receivable Services, Inc.
According to PACER, in or about April 2013, Everest Receivable Services, Inc. allegedly began to call a Georgia consumer on her cell phone to collect a debt. She insisted that they were calling the wrong person and that she didn’t owe them any money, but the calls allegedly continued.
Feeling harassed by Everest Receivable Services, Inc., the consumer retained legal counsel and sued the agency for allegedly violating her rights by:
- Using false, deceptive, and misleading means to collect a debt
- Using harassing and abusive means to collect a debt
- Using unfair and unconscionable means to collect a debt
The matter was later settled.
Hire a Consumer Lawyer
The phone numbers for Everest Receivable Services, Inc. are:
If they flash on your caller ID in response to an incoming call, it means that Everest Receivable Services, Inc. is on the line. If they persist in calling you after you insist that they have the wrong person, contact a consumer lawyer and file a claim against Everest Receivable Services, Inc.
When a collection agency violates the FDCPA, they could be ordered to pay you damages of $1,000 per incident and cover your attorney fees, so when a collection agency refuses to listen to you the first time around, a lawsuit can get their attention.
Case taken from PACER (www.pacer.gov). File number is Case 1:16-cv-02408-LMM 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 Everest Receivable Services, Inc. or any other third-party collection agency, you may not be entitled to any compensation.