When collection agencies cross the line, the Fair Debt Collection Practices Act, or FDCPA, steps in to protect you from deceptive and unfair treatment. When a debt collector tries to make you pay in the following ways, call a consumer lawyer to go over your options.
Your Rights Under the FDCPA
When collection agencies cross the line, the Fair Debt Collection Practices Act, or FDCPA, steps in to protect you from deceptive and unfair treatment. When a debt collector tries to make you pay in the following ways, call a consumer lawyer to go over your options.
- Contacting you outside of 8:00 a.m. and 9:00 p.m.
- Discussing the debt with your coworkers, neighbors, and friends
- Demanding amounts that exceed the original debt
- Sending collection letters that appear to have come from an attorney
- Using profane and obscene language
- Using an autodialer to make harassing calls
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Company Profile: Seneca Mortgage Servicing
If you are being called by Seneca Mortgage Servicing, a company overview is below.
Seneca Mortgage Servicing is a debt collection agency in Buffalo, New York. It opened for business in 2008, has 103 employees, and is managed by Andrew Miller.
Running a search of the legal records database at the PACER (Public Access to Court Electronic Records) website confirms that consumers who believed that they were being harassed by Seneca Mortgage Servicing chose to stand their ground instead of pay.
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Alleged Violations against Seneca Mortgage Servicing
According to PACER, in or around October 2014, an Illinois consumer checked his credit report and saw that Seneca Mortgage Servicing, under the name of AMS, reported to the Experian credit bureau that there was a balance of $386,698 on an old mortgage loan.
This matter had already been dealt with in an earlier foreclosure action, and the judge had specified that the creditor did not receive a deficiency judgment.
Feeling harassed by Seneca Mortgage Servicing, the consumer engaged legal counsel and sued the agency for:
- Reporting incorrect information to the credit bureaus
- Using false, deceptive, and misleading means to collect a debt
- Misrepresenting the legal status of the debt
The matter was later settled on a later date.
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Hire an Attorney
The phone numbers for this debt collection agency are:
Seeing these numbers on your caller ID is confirmation that Seneca Mortgage Servicing is on the line. If they report a nonexistent debt to the credit bureaus and damage your access to credit, hire a consumer lawyer and file a claim against Seneca Mortgage Servicing.
You could be awarded $1,000 per violation plus your attorney’s fees, so take action when you know you are in the right.
Deceiving consumers is illegal and you could receive both statutory damages of $1,000 and your attorney’s fees.
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Additional Resources
Case taken from PACER (pacer.gov). File number is Case: 1:15-cv-02417 from the United States District Court for the Northern District of Illinois, Eastern 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 Seneca Mortgage Servicing or any other third-party collection agency, you may not be entitled to any compensation.