Is a collection agency making your life miserable by calling you nonstop and embarrassing you in front of your friends and family? If they tell you that there is no law preventing them from treating you this way, they’re lying. As an indebted consumer, you have rights protected by state and federal law.
The FDCPA And How Your Rights Fall Under It
The Fair Debt Collection Practices Act, which was passed by congress in 1978, was enacted to protect consumers from harassing and abusive measures from debt collectors.
It also regulated the ways that collection agencies could operate, the FDCPA allows you to receive damages when a debt collector violates the FDCPA in the following ways:
- Threatening legal actions it had no intention of taking
- Claiming that you can go to jail for not paying a debt
- Demanding payment for a debt discharged in bankruptcy
- Calling you at work when they know that your employer does not allow calls like that
- Failing to report your dispute to the credit bureaus
- Contacting you directly when they know that you have an attorney
Company Profile: Sierra Pacific Mortgage Company, Inc.
If you are being called by Sierra Pacific Mortgage Company, Inc., below is a general company history.
Sierra Pacific Mortgage Company, Inc., which also does business as Churchill Financial Group, is a private lender and debt collection agency headquartered in Folsom, California. It opened for business in 1986, has 685 employees, and is managed by owner its President, Jim Coffrini.
The company deals primarily with mortgage-related debt. Public Access to Court Electronic Records has archived legal records confirming that consumers who believed that they were being harassed by Sierra Pacific Mortgage Company, Inc. refused to pay.
Alleged Violations against Sierra Pacific Mortgage Company, Inc.
According to PACER, on or around June 2, 2014, an Illinois consumer was informed by her employer that Sierra Pacific Mortgage Company, Inc. had sent them a wage garnishment order.
This debt had been included in a Chapter 7 bankruptcy, so on June 9, she filed a motion to terminate the garnishment. The company went ahead with it anyway, and allegedly refused to return the garnished funds even after the consumer received her court order.
Feeling harassed by Sierra Pacific Mortgage Company, Inc., the consumer sued the agency for allegedly:
- Misrepresenting the legal status of the debt
- Using unfair and unconscionable means to collect a debt
- Trying to collect an amount not permitted by law
- Using false, deceptive, and misleading means to collect a debt
The matter was then dismissed at a later date.
Work with a Lawyer
The phone number for this debt collection agency is 1-800-447-3386. Its appearance on your caller ID means that you are being called by Sierra Pacific Mortgage Company, Inc.
If they garnish your wages while a bankruptcy automatic stay is in effect, hire a consumer lawyer and file a claim against Sierra Pacific Mortgage Company, Inc. You could be awarded statutory damages of $1000, so don’t hesitate to take action.
Case taken from PACER (pacer.gov). File number is Case 3:15-cv-00075-JPG-RJD from the United States District Court for the Southern District of Illinois.
*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 Sierra Pacific Mortgage Company, Inc. or any other third-party collection agency, you may not be entitled to any compensation.