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Updated on Author: Contributor: Sergei Lemberg

Is Performant Trying to Collect a Debt from You*

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After a certain length of time, creditors often sell their unpaid balances to debt collectors, who will take more aggressive action in getting the money paid back. The (FDCPA) was enacted in 1978 to defend consumers against the harassment, unfair terms, and deception tactics that most debt collection agencies use.

Performant’s headquarters is located in Liverpool, California. It opened in 1976 and was originally called Diversified Collection Services, Inc., but changed its name to Performant in 2012.

The 1,700- person company specializes in student loans, but also deals heavily in delinquent federal and state income taxes and healthcare overpayments.

What to Do if Performant is Trying to Collect a Debt from You

These allegations are all Fair Debt Collection Practices Act violations. You can rightfully request the company to stop calling you all together, if you choose. You have to send this request in writing to the company. Paying a little extra for a return receipt will ensure you find out as soon as Performant gets it.

Perfomant can only contact you after a no contact request for two reasons: to tell you they won’t call you again or for a specific action, like summoning you to court. If they continue to call you for other reasons, make sure to keep track of the time and reason of every phone call. This can be used in a lawsuit against them.

If you are ever summoned to court by a Performant, do not ignore your summons. If you don’t show up for your trial, your case could be lost by default and the financial consequences could be even more disastrous. A judge has the authority to freeze your bank account, garnish your wages, or force the bank to pay Performant directly without your approval.

Contacting a lawyer is your best option in debt collection cases. Once you have legal representation, Performant will not be allowed to contact you anymore, only your lawyer. Your experienced FDCPA attorney can sit down with out and help determine if Performant has committed any violations of the law and if you have a case. You may get up to $1,000 per violation, plus damages lawyers’ fees.

*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 Performant, or any other third-party collection agency, you may not be entitled to any compensation.

About the author:

Contributor: Sergei Lemberg

Sergei Lemberg is a consumer rights attorney, practicing since 2006, whose practice focuses on consumer law, class actions and personal injury litigation. He is known for a United States Supreme Court case (Facebook v. Duguid) defending consumers from autodialers under the Telephone Consumer Protection Act of 1991 to send unsolicited text messages. He is also the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.

See more posts from Contributor: Sergei Lemberg
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