Are you being called by Herbert P. Sears Company, Inc.?* Here's what you need to know
Getting a call from a debt collector is never a pleasant experience. Even if you do owe the debt and can afford to pay it, some collection agents have attitudes that cause stress and even worse. If you don’t believe you owe the debt or can’t afford to pay it, these collectors can and often do harass you relentlessly. That’s when you need to know what your rights are.
Your Rights Under the FDCPA
In September 1977 Congress passed the Fair Debt Collection Practices Act, or FDCPA, to deal with the rising number of personal bankruptcies that were attributed to third-party debt collectors. This consumer protection law prohibits the use of activities like the following to collect or attempt to collect a debt.
- Yelling, swearing, and using language meant to intimidate you
- Discussing the debt with anyone except you, your attorney, spouse, or any co-signers on the debt
- Demanding amounts inflated by ‘service charges’ and other miscellaneous fees
- Calling you outside of the hours of 8:00 a.m. - 9:00 p.m. in your time zone
- Refusing or failing to validate the debt and prove that they are authorized to collect it
- Presenting themselves as attorneys (if they are not) or police officers
Company Profile: Herbert P. Sears Company, Inc.
If you are being called by Herbert P. Sears Company, Inc., information about the company is below.
Herbert P. Sears Company, Inc. is a debt collection company located in Bakersfield, California. It was established in 1928, has 11-50 employees, and is managed by its President, Patrick Collins. Court records digitized at the PACER (Public Access to Court Electronic Records) website suggest that consumers who believed they were being harassed by Herbert P. Sears Company, Inc. chose to deal with the perceived abuse in court.
Alleged Violations against Herbert P. Sears Company, Inc.
According to PACER, in the late 1990s a California consumer was allegedly the victim of identity theft, with several credit cards and other forms of credit being opened in her name. Herbert P. Sears Company, Inc. attempted to collect on certain accounts after they went delinquent, and allegedly failed to report the debts to the credit bureaus as delinquent or the result of identity theft.
Feeling harassed by Herbert P. Sears Company, Inc., the consumer hired a consumer attorney sued the company for allegedly violating the FDCPA in the following ways:
- Using unfair and unconscionable means to collect a debt
- Reporting inaccurate information to the credit bureaus
The matter was later settled.
Hire an Attorney
The phone numbers for this collection agency are:
If any of them appear on your caller ID when the phone rings, it means that you are being called by Herbert P. Sears Company, Inc.. If they fail to report a debt to the credit bureaus as disputed, causing you loss of access to credit and other issues, hire a consumer attorney. If you file a claim against Herbert P. Sears Company, Inc. and the judge rules in your favor, you could potentially receive $1,000 per FDCPA violation plus other compensation. Never assume that because you owe money, you deserve to be harassed.
*Case taken from PACER (www.pacer.gov). File number is Case 2:14-cv-08875-ODW-PLA from the United States District Court for the Central District of California.
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 Herbert P. Sears Company, Inc.., or any other third-party collection agency, you may not be entitled to any compensation.