Are You Being Called By Maxwell & Associates, Inc.?* Here's what you need to know.
If you are so deep in debt that your credit cards, student loans, and medical debts have gone into collections, debt collectors will start to call, and soon. Although they can be persistent the point of being disruptive, don’t let them pressure you into payments you can’t afford or harass you when you refuse. You have the legal right to tell them to stop and sue them if they don’t.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act (FDCPA) was passed in 1977 to protect consumers from being harassed by third-party debt collectors. This consumer protection law prohibits actions like the following during the collection of a debt:
- Using profane and obscene language
- Failing to identify themselves as debt collectors seeking to collect a debt
- Threatening action they cannot legally take or have no intention of taking
- Harassing you by telephone (e.g. calling and hanging up)
- Claiming that you can be arrested, have your assets seized, or have your wages garnished if they do not pay
- Calling you at work if they know what such calls are not allowed
Company Profile: Maxwell & Associates, Inc.
If you are being called by Maxwell & Associates, Inc., you can find more information about the company below.
Maxwell & Associates, Inc., is a debt collection agency located in Berkeley Lake, Georgia. It was established in 1988, has approximately 45 employees, and is managed by its President, Doug Cox. According to litigation records archived at the PACER (Public Access to Court Electronic Records) website, consumers who believed they were being harassed by Maxwell & Associates, Inc. refused to cave in and pay. Instead, they initiated legal actions.
Alleged Violations against Maxwell & Associates, Inc.
Barbara R. Tilghman vs. Maxwell & Associates, Inc.*
According to PACER, on or about February 12, 2004, Maxwell & Associates, Inc. allegedly sent a collection letter to Pennsylvania resident Barbara R. Tilghman regarding a credit card debt. The letter stated that she could settle the matter by paying a lump sum of $816.74 or paying the entire $1,633.47 in monthly installments of $100. It also stated “If, after settlement, the remaining balance is greater than $599.99, our client is required by Federal Law (IRS 6050P) to report this amount and send you a Form 1099-C.”
In reality, a debt of $600.00 or more which was discharged as a result of no settlement, could be reported to the IRS by a covered financial institution. If a claimed debt was “settled,” however, there was no “remaining balance.”
Feeling harassed by Maxwell & Associates, Inc., Ms. Tilghman hired a consumer attorney and sued the company for allegedly violating the FDCPA by:
- Using false, deceptive, and misleading means to collect a debt
- Using unfair and unconscionable means to collect a debt
The matter was later resolved.
Hire an Attorney
The phone number for this collection agency is 1-770-986-0538. If you see it on your caller ID, it means that you are being called by Maxwell & Associates, Inc., presumably about a delinquent debt. If they make misleading statements regarding the consequences of not settling the debt, hire a consumer attorney. If you file a claim against Maxwell & Associates, Inc. and the case is decided in your favor, a judge could award you $1,000 per FDCPA violation plus any other associated costs. Debt collectors have to obey rules when collecting consumer debts, or face consequences.
*Case taken from PACER (www.pacer.gov). File number is Case 2:04-cv-02361-HB from the United States District Court for the Eastern District of Pennsylvania.
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 Maxwell & Associates, Inc., or any other third-party collection agency, you may not be entitled to any compensation.