Are you so sick of being harassed by debt collectors that you’re thinking of declaring bankruptcy to stop the phone calls and letters? While bankruptcy can be a solution when you’re drowning in debt, there are other ways of making the abusive communications stop.
What Your Rights Are
The Fair Debt Collection Practices Act (FDCPA) was put into law in 1977 to combat abusive and harassing practices from debt collectors. It lets you know your rights, has guidelines for how debt collectors should act, and details the penalties for violations. Here are some examples of violations of the FDCPA:
- Using profane and obscene language
- Showing up at your home
- Calling your co-workers, relatives and friends about the debt
- Reporting incorrect information to the credit bureaus
- Using an autodialer to call you
- Contacting you directly when they know that you have an attorney
Company Profile: Southern Management Systems, Inc.
If Southern Management Systems, Inc. is calling, here is a broader overview of the agency and its operations.
Southern Management Systems, Inc. is a property market collection agency in Orlando, Florida. It opened for business in 1977, employs a staff of 15 people, and is managed by its President, Stephen G. Lohonen. The company has a B- rating with the Better Business Bureau.
Litigation files at PACER (Public Access to Court Electronic Records) show that consumers who believed Southern Management Systems, Inc. were harassing them stood up for themselves by filing lawsuits.
Alleged Transgressions Southern Management Systems, Inc. Has Been Accused Of
According to court records, on or around August 28, 2015, Southern Management Systems, Inc. contacted a Florida consumer to collect an apartment-related debt. The collector allegedly told her that if she did not pay, she would never be able to apply for credit or a rental apartment ever again, although the debt was over seven years old and legally uncollectible.
He also allegedly said that if she did not pay, she would “end up living in a shelter” and called her a “worthless spic who can’t pay her bills.”
Because of that, the consumer sued the company for the following FDCPA violations:
- Trying to collect a debt that was time-barred
- Using false, deceptive, and misleading measures to collect a debt
- Using harassing and abusive measures when attempting to collect the debt
- Threatening to communicate negative information to the credit bureaus
The matter was later dismissed.
Hire an Attorney
Southern Management Systems, Inc. phone numbers are listed below:
If any of them show up on your phone it means that you are being called by Southern Management Systems, Inc. If they verbally abuse you and threaten to destroy your credit, hire a consumer attorney and file a claim against Southern Management Systems, Inc.
You could be rewarded damages of $1,000 per FDCPA violation and your attorney and costs fees can be included too.
Case taken from PACER (pacer.gov). File number is Case 6:15-cv-01871-ACC-TBS from the United States District Court for the Middle District of Florida, Orlando 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 Southern Management Systems, Inc. or any other third-party collection agency, you may not be entitled to any compensation.