Many people today live paycheck to paycheck. If you lose your job and don’t find another one soon, your credit card accounts, mortgage, and other debts could go into arrears and debt collectors will start calling. If this happens, it is important to know what your rights are in this situation.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, provides important legal protections to consumers who are dealing with a third-party debt collector. Any agency that tries to deceive or bully you into paying a debt using methods like those below can face serious professional sanctions.
● Demanding payment for a debt discharged in bankruptcy
● Cursing and swearing over the phone
● Trying to collect an amount not included in the original creditor agreement
● Calling anyone except you, your spouse, or attorney about the debt
● Threatening legal actions it has no intention of taking
● Refusing to prove that they are authorized to collect the debt
Company Profile: Mendenhall & Associates, Inc.
If you are being called by Mendenhall & Associates, Inc., here are some more details about the firm’s history and operation.
Mendenhall & Associates, Inc. is a debt collection agency in Orlando, Florida. It was founded in 2011, has 20 employees, and is managed by Merrill Miller. Archived legal records at the PACER website suggest that consumers who believed that they were being harassed by Mendenhall & Associates, Inc. took legal action against the company.
Alleged Violations against Mendenhall & Associates, Inc.*
According to information on the PACER website, in or around August 2011, Mendenhall & Associates, Inc. began calling a North Carolina consumer to collect a debt. The company also allegedly called and left an answering machine message on her brother’s residential telephone stating that it was attempting to collect a debt from her. When the consumer called the company and explained that the debt had been paid off to another debt collector, she was allegedly told that she would be taken to court.
Feeling harassed by Mendenhall & Associates, Inc., the consumer sued the firm for:
● Threatening actions it could not legally take
● Making third parties aware of the debt
● Using abusive language
● Using false, deceptive, and misleading means to collect a debt
● Using harassing and abusive means to collect a debt
The matter was later settled.
Hire a Consumer Lawyer
The phone number for this debt collection agency is 1-877-605-5414. If you see it on your caller ID when the phone rings, you are being called by Mendenhall & Associates, Inc. If they leave messages about the debt on a third party’s voicemail and threaten legal actions that they have no intention of taking, hire a consumer lawyer and file a claim against Mendenhall & Associates, Inc. You could be awarded statutory damages and reimbursement for your legal expenses, so take action now.
*Case taken from PACER (www.pacer.gov). Case 7:11-cv-00195-F from the United States District Court for the Eastern District of North Carolina.
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 Mendenhall & Associates, Inc. or any other third-party collection agency, you may not be entitled to any compensation.