Are you being called by Mary Jane M. Elliott, P.C.?* Here’s what you need to know.
If debt collector harassment has you afraid to answer your phone, it’s time to take action. Many collection agencies try to settle accounts by threatening and intimidating consumers, but such behavior is completely illegal. Read on to learn more about your rights as an indebted consumer.
Your Rights Under the FDCPA
Prior to 1977, abusive debt collector practices were making so many consumer declare bankruptcy that Congress passed the Fair Debt Collection Practices Act, or FDCPA. This consumer protection law now makes it illegal for third-party debt collectors to use tactics like those below to intimidate you into paying.
- Calling you before 8:00 a.m. and after 9:00 p.m. in the your time zone
- Threatening legal action that they are not in a position to take or have no intention of taking
- Maliciously reporting inaccurate information to the credit bureaus
- Using profane or obscene language
- Trying to collect after you have formally disputed a debt
- Refusing to validate the debt and prove that they are authorized to collect it
Company Profile: Mary Jane M. Elliott, P.C.
If you are being called by Mary Jane M. Elliott, P.C., information about the firm is below.
Mary Jane M. Elliott, P.C. is a debt collection law office located in Novi, Michigan. It was established in 1994, has 50 to 99 employees, and is managed by owner Mary Jane M. Elliott. Litigation records on file at the PACER (Public Access to Court Electronic Records) website indicates that consumers who believed they were being harassed by Mary Jane M. Elliott, P.C. have asserted their rights by suing the firm.
Alleged Violations against Mary Jane M. Elliott, P.C.
Nekisha K. Robertson vs. Mary Jane M. Elliott, P.C.*
According to PACER, in 2007, Mary Jane M. Elliott, P.C. sued Michigan resident Nekisha K. Robertson to collect a debt on behalf of Midland Funding LLC. When Ms. Robertson did not file an answer, the firm obtained a default judgment against her in the amount of $1,694.97.
On October 19, 2011, Mary Jane M. Elliott, P.C. filed a request and writ for garnishment with the Michigan Department of Treasury asserting that the total amount of post judgment costs accrued to date was $15.00. Ms. Robertson challenged that conclusion because court rules do not allow a judgment creditor to attach the costs of the garnishment unless the garnishment met criteria that allegedly did not apply to her case.
On November 13, 2012 Mary Jane M. Elliott, P.C. filed another request and writ for garnishment with the State of Michigan asserting that $34.00 was owed in post judgment costs. This garnishment was applicable, but Ms. Robertson asserted that the amount the firm claimed was wrong because at least $15.00 of it was based on costs that should not have been assessed according to the court rules. Nonetheless, Mary Jane M. Elliott, P.C. was paid approximately $350.00 and Ms. Robertson claimed that at least part of that money was credited to costs not legally due or owing.
Feeling harassed by Mary Jane M. Elliott, P.C., Ms. Robertson hired a consumer attorney and sued the firm for allegedly violating the FDCPA in the following ways:
The matter was later resolved.
Hire an Attorney
The phone numbers for Mary Jane M. Elliott, P.C. are:
If you see either number on your caller ID when the phone rings, be warned that you are being called by Mary Jane M. Elliott, P.C.. If they attempt to collect amounts from you that are not supported by law or the original creditor agreement, hire a consumer attorney. If you file a claim against Mary Jane M. Elliott, P.C. and win, you could potentially receive $1,000 per violation as well as attorney’s fees, court costs, and any actual damages. The law gives you rights that you should always be prepared to act upon.
*Case taken from PACER (www.pacer.gov). File number is Case 2:13-cv-11945-AJT-MJH from the United States District Court for the Eastern District of Michigan.
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 Mary Jane M. Elliott, P.C., or any other third-party collection agency, you may not be entitled to any compensation.