When you run into hard times financially, monthly bills that were once easy to maintain can become an impossible burden. Once you miss a certain number of payments, debt collectors will start coming after you for the balances.
If they do, it is important for you to know that you have rights protecting you from bullying or intimidation.
Your Rights Under the FDCPA
No matter how much you owe, you are protected by the Fair Debt Collection Practices Act (FDCPA), which controls the ways that third-party debt collectors can interact with you. The Act gives you the right to dispute a debt and take legal action against a company that does any of the following:
- Calling you at work after being informed that you can’t take non-business calls
- Contacting you after you engage legal representation with regards to the debt
- Failing or refusing to validate the debt
- Using abusive language
- Threatening consequences they cannot legally inflict
- Discussing your debt with anyone except you, your spouse, or your attorney
Company Profile: Peritus Portfolio Services II, LLC
If you are being called by Peritus Portfolio Services II, LLC, more company information is below.
Peritus Portfolio Services II, LLC, is a bankruptcy service and debt collection agency located in Irving, Texas. It opened for business in 2010, employs 35 people, and is managed by its President, Gary R. Perdue.
According to digitized files accessible at the PACER website, consumers who believed they were being harassed by Peritus Portfolio Services II, LLC sued the company for compensation.
Alleged Violations against Peritus Portfolio Services II, LLC
According to PACER, on or about September 9, 2017, Peritus Portfolio Services II, LLC filed a proof of claim for a debt included in a Georgia consumer’s Chapter 13 bankruptcy.
It stated that the basis of the claim was “money loaned” but supporting documentation was for a credit card account, which is actually an open credit agreement.
The proof of claim also declared that the amount owed did not include amounts that incurred interest, fees, expenses, or other charges, although the consumer believed that a credit card debt did include these charges.
Feeling harassed by Peritus Portfolio Services II, LLC, she filed an FDCPA lawsuit against the collection agency for allegedly:
- Using false, deceptive, and misleading means to collect a debt
- Using unfair and unconscionable means to collect a debt
The matter was later settled.
Hire a Consumer Lawyer
The phone number for this collection agency is 1-866-831-5954. If you see it on your ID, it means that Peritus Portfolio Services II, LLC is looking for you. If they provide inaccurate information about a debt they are trying to collect from you, hire a consumer lawyer and act on your rights by filing a claim against Peritus Portfolio Services II, LLC.
By being proactive, you could be awarded $1,000 per violation of the FDCPA plus court costs and attorney fees, so never let a collection agency intimidate you into inaction.
Case taken from PACER (pacer.gov). File number is Case 1:18-cv-00886-SCJ from the United States District Court for the Northern District of Georgia, Atlanta Division.
*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 Peritus Portfolio Services II, LLC, or any other third-party collection agency, you may not be entitled to any compensation.