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Updated on Author: Contributor: Sergei Lemberg

Is Evergreen Professional Recoveries Calling You?*

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Is Evergreen Professional Recoveries calling you? Here’s what you need to know.

Of all the people we hate getting calls from, debt collectors rank at the top. These communications are a reminder that we’ve been unable to pay our debts, and collectors can be rude, unpleasant and demanding.

Unless we can convince them to agree to a payment plan we can afford, the rude letters and messages will be a constant presence. Sometimes personal bankruptcy looks tempting as a way to escape the harassment.

The Fair Debt Collection Practices Act (FDCPA) was enacted nearly forty years ago to prevent third-party debt collectors from using unfair and unethical means to secure debt payments.

Evergreen Professional Recoveries Harassment Lawyer

Under the FDCPA, actions and approaches like the following are prohibited:

  • Using profane or obscene language
  • Talking about the debt to anyone except you, your spouse, or your attorney
  • Failing or refusing to identify themselves as debt collectors
  • Threatening legal actions that they have no intention of taking
  • Using an autodialer to leave a slew of pre-recorded messages
  • Calling you at work when your employer does not allow such calls

Alleged Violations against Evergreen Professional Recoveries*

Evergreen Professional Recoveries is a collection agency with headquarters in Bothell, Washington. It was established in 1986, has a staff of 20 to 49, and has an active membership in the American Collector’s Association.

A search of records on file at the PACER (Public Access to Court Electronic Records) website indicates that Evergreen Professional Recoveries has been accused of violating consumer rights during the debt collection process.

In February 2013 Wisconsin resident received a collection letter from Evergreen Professional Recoveries, Inc about a debt allegedly owed to Guardian Credit Union. This letter was allegedly not followed by a 5-day debt validation notice.

The letter also indicated that Washington state consumers interest rate was 12% per annum. He later complained that the average consumer would see from the address that Evergreen Professional Recoveries, Inc was based in Washington State and believe they would to be charged 12% per annum.

Wisconsin’s default rate of prejudgment interest was 5%, and such interest was only due after a judgment is entered and where the court found that the damages were fixed and determinable prior to the judgment.

He hired a consumer attorney and filed a class action lawsuit accusing Evergreen Professional Recoveries, Inc of the following FDCPA violations:

  • Using false and deceptive means to collect a debt
  • Failing to send him a validation notice

The matter was later dismissed.

These phone numbers are both associated with Evergreen Professional Recoveries, Inc :

If you see either number on your caller ID, it means that a debt collector is attempting to contact you about a delinquent financial obligation. If they send you communications that are confusing or misleading in tone and fail to send you a validation notice after the original communication, contact a consumer attorney. Such omissions are illegal under the FDCPA, and you could potentially receive $1,000 in statutory damages per FDCPA violation, as well as court costs and attorney fees. Your attorney will help you protect your rights and demand compensation when a debt collector breaches them.

*Case taken from PACER (www.pacer.gov). File number is 2:13-cv-00291-PJG from United States District Court, Eastern District of Wisconsin, Milwaukee Division.

Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Evergreen Professional Recoveries or any other third-party collection agency, you may not be entitled to any compensation.

About the author:

Contributor: Sergei Lemberg

Sergei Lemberg is a consumer rights attorney, practicing since 2006, whose practice focuses on consumer law, class actions and personal injury litigation. He is known for a United States Supreme Court case (Facebook v. Duguid) defending consumers from autodialers under the Telephone Consumer Protection Act of 1991 to send unsolicited text messages. He is also the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.

See more posts from Contributor: Sergei Lemberg
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