Are you being called by G. Reynolds Sims & Associates, P.C.?* Here's what you need to know.
Debt collectors are masters at catching you off-guard. They call when you least expect it and, once they have you on the line, try to push you into making a payment agreement you can’t afford. If this happens, don’t panic. You have rights that prevent you from being bullied into an unfair situation.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, was established in 1977 to protect consumers from abusive debt collection agencies. For 40 years now it has been illegal for third-party debt collectors to use tactics like those below when trying to collect a debt:
- Using profane and obscene language
- Telling your friends, coworkers, and neighbors that they’re trying to collect a debt from you
- Calling you at work after you’ve told them that your workplace doesn’t allow such calls
- Calling you outside of the hours of 8:00 a.m. - 9:00 p.m. in your time zone
- Contacting you if the debt collector is aware that you are being represented by an attorney
- Threatening legal actions they have no intention of carrying out
Company Profile: G. Reynolds Sims & Associates, P.C.
If you are being called by G. Reynolds Sims & Associates, P.C., information about the company is below.
G. Reynolds Sims & Associates, P.C. is a debt collection law office located in Troy, Michigan. It was established in 2006, has less than 10 employees, and is managed by G. Reynolds Sims. Legal records on file at the PACER (Public Access to Court Electronic Records) website reveal that people who believed they were being harassed by the Law Office of Joe Pezzuto have chosen to fight back in court.
Alleged Violations against G. Reynolds Sims & Associates, P.C.
According to PACER, on or about December 5, 2011, G. Reynolds Sims & Associates, P.C. sent a Michigan resident a letter in an attempt to collect a debt she allegedly owed to Cach LLC. When she received no debt validation information within five days, the plainfitt contacted the firm requesting more information, but later claimed that she received only the balance owing and never actual debt verification.
The following January, G. Reynolds Sims & Associates, P.C. sued the plaintiff. She contacted the firm disputing the debt and demanding debt verification once more. She finally received verification of a debt for an amount that was different than the total in the original demand letter.
The plaintiff finally informed G. Reynolds Sims & Associates, P.C. that she wanted to settle the debt to avoid the court process. The firm allegedly promised that if she entered into a binding agreement, it would not obtain a judgment against her, her wages would not be garnished, and she would not have to attend court or file documents.
Both sides agreed that she would make monthly payments in a minimum amount of $150.00, until the debt was paid in full, starting at the end of February 2012. G. Reynolds Sims & Associates, P.C. allegedly told her that it would send her written confirmation of the payment agreement after she made her first monthly payment.
The plaintiff was surprised to learn that on or about March 8, 2012, G. Reynolds Sims & Associates, P.C. filed a “Default Application, Entry, Affidavit” with the court relative to the lawsuit. When she received a copy and called the firm, she was allegedly told that the court sent it out as a standard procedure and she had “nothing to worry about.”
On or about March 20, 2012, the court entered a default against the Michigan consumer in the lawsuit. Alarmed, she called the firm again only to allegedly be told that it was “nothing to worry about.” Finally a representative allegedly admitted that a default judgment was entered against the Michigan consumer but that a default judgment was the same as if a consent judgment had been entered against her.
When the plaintiff finally got a copy of the payment agreement, she alleged that it was different from the one she had originally agreed to. Feeling harassed by G. Reynolds Sims & Associates, P.C., LLC she hired a consumer attorney and sued the firm for allegedly violating the FDCPA in the following ways:
- Using harassing and abusive means to collect a debt
- Using false, deceptive or misleading means to collect a debt
- Using unfair and unconscionable means to collect a debt
- Falsely representing or implying that documents were not legal process forms or did not require action by the consumer
A judgement was entered in favor of the plaintiff.
Hire an Attorney
The phone numbers for G. Reynolds Sims & Associates, P.C. are:
If you see either one on your caller ID when the phone rings, you are being called by G. Reynolds Sims & Associates, P.C.. If they mislead you into believing that a payment agreement is in effect and you later find that a default judgment has been entered against you, hire a consumer attorney. Deceiving consumers is against the law, and if you file a claim against G. Reynolds Sims & Associates, P.C., you could potentially be awarded $1,000 per violation as well as attorney's fees, court costs, and any actual damages. You have rights that debt collectors cannot ignore, no matter how much you owe.
*Case taken from PACER (www.pacer.gov). File number is Case 2:12-cv-00188-TPG from the United States District Court for the Western District of Michigan, Marquette 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 G. Reynolds Sims & Associates, P.C. or any other third-party collection agency, you may not be entitled to any compensation.