When you are so deep in debt that you can no longer make the monthly payments on your monthly debts, it is incredibly stressful. When collection agencies start calling and sending letters, a new and even higher level of stress sets in.
Whatever you do, don’t give in to bullying. Instead, learn what third party debt collectors can and cannot do to make you settle the debt.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act (FDCPA) regulates how third-party debt collectors may deal with consumers while trying to collect a debt. They must refrain from using deceptive or abusive tactics like those listed below:
- Calling you before 8:00 a.m. and after 9:00 p.m. your time
- Calling you at work after you’ve told them that your employer doesn’t allow such calls
- Demand outrageous amounts that exceed the amount of the original debt
- Leaving voice messages that do not identify the collector and the reason for their call
- Contacting you after you have sent a cease and desist letter
- Swearing, raising their voice, and calling you names
Company Profile: HSM Receivables
If you are being called by HSM Receivables, here is some more information about the company.
HSM Receivables, which also does business as John L. Ringgenberg PC, is a collection agency in Denver, Colorado. It opened for business in 2010, has 10 to 19 employees, and is managed by Cameron McMullen, although Manta lists the owner’s name as Michelle Medina.
Legal files accessible at the PACER website indicate that consumers who believed that they were being harassed by HSM Receivables filed lawsuits seeking compensation.
Alleged Violations against HSM Receivables
According to PACER, in or around July 2011, HSM Receivables contacted a Colorado consumer to collect a credit card debt. She claimed that a collector called her, demanded payment in full, and said that he would “find her” and get the money if she didn’t pay.
Frightened, the consumer said that she disputed the debt, was refusing to pay, and wanted validation, as she had previously paid the debt in full to a prior debt collector. The caller allegedly told her that she could “prove it in court.”
On or about August 12, 2011, the consumer received a letter from the HSM Receivables “Legal Department” claiming that she owed $2,807.10, had made a payment of $600.00 on January 7, 2011, and that if she failed to resolve the matter within 15 days, HSM may bring a lawsuit.
It was signed by W.C. McMullen and gave her the impression that he was an attorney when he was not.
A lawsuit was filed 18 days later, but it demanded $2860.66, which exceeded the amount in the letter.
Feeling harassed by HSM Receivables, the consumer filed an FDCPA lawsuit against the agency for allegedly:
- Using false, deceptive, and misleading means to collect a debt
- Failing to identify itself a debt collector in all communications
The matter was later settled.
Hire a Consumer Lawyer
The phone numbers for this debt collection agency are:
Seeing them on your caller ID is confirmation that HSM Receivables is trying to collect a debt from you. If they refuse the validate the debt and pose as attorneys to frighten you, fight back by hiring a consumer lawyer and filing a claim against HSM Receivables.
You could be awarded $1,000 in statutory damages plus your attorney fees, so take a stand.
Case taken from PACER (pacer.gov). File number is Case 1:11-cv-02410-WJM-MJW from the United States District Court for the District of Colorado.
*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 HSM Receivables or any other third-party collection agency, you may not be entitled to any compensation.