Is Southwest Credit Systems calling you? Know your rights!*
When some people hear the phone ring, they sweat and their heart rate goes up because they know who is likely calling: a debt collector.
Although they want to settle their debts, their current financial situation makes that impossible, so they tolerate harsh words, constant calls, and sharply worded letters, unaware that they legally don’t have to tolerate such abuse.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act (FDCPA) is a consumer protection law that restricts what third-party debt collectors can say or do while attempting to collect debt payments.
Misleading and unethical ruses like the following are illegal:
- Using profane and abusive language
- Claiming to be police officials or government agents
- Calling at inconvenient times, such as before 8:00 a.m. and after 9:00 p.m. in the consumer’s time zone
- Contacting someone at work after being informed that the employer does not permit such calls
- Threatening legal action they have no intention of carrying out
- Discussing the debt with anyone but the consumer, their spouse, or their attorney
Company Profile: Southwest Credit Systems
Southwest Credit Systems is a collection agency located in Carrollton, Texas. It was founded in 1974, has approximately 200 employees and is managed by Jeff Hurt.
Records on file at the PACER (Public Access to Court Electronic Records) website confirm that Southwest Credit Systems has been accused of violating the FDCPA while trying collect certain consumer debts.
Alleged Violations by Southwest Credit Systems
On or about May 13, 2015, a Minnesota resident, received a collection letter from Southwest Credit Systems offering to settle an alleged debt owed to Lindsey Management Golf – Hurricane Golf & Country Club. The letter stated in part:
Southwest Credit Systems has determined that, even though your account is past due and has been placed for collection, your account may qualify for settlement of the outstanding balance, if you act promptly...
...Failure to act will leave you responsible for payment according to the terms of your agreement...
In June 2011 the plaintiff and his wife had filed a joint Chapter 7 bankruptcy in the Eastern District of Arkansas, with the Hurricane Golf & Country Club debt being listed, as well as contact information for Southwest Credit Systems. On or about September 20, 2011 the plaintiffs were discharged.
The plaintiffs responded to the letter by hiring an attorney and suing Southwest Credit Systems for the following alleged FDCPA violations:
- Communicating that an “obligation” still existed, when any obligation to make payment on the alleged account had been discharged in bankruptcy
- Threatening action that could not legally be taken.
The matter was later dismissed.
Hire an Attorney
The phone numbers for Southwest Credit Systems are:
If your phone rings and any of these number appear on your caller ID, a debt collector may be trying to reach you.
If they attempt to collect a debt you no longer legally owe, hire a consumer attorney who can deal with Southwest Credit Systems on your behalf.
If you decide to sue the company, you could be awarded $1,000 per FDCPA violation as well as attorney's fees, court costs, and any actual damages.
When a debt collector disregards your rights, the law gives you the means to reassert them.
*Case taken from PACER (www.pacer.gov). File number is0:15-cv-03213-JRT-SER from United States District Court, District of Minnesota
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 Southwest Credit Systems, or any other third-party collection agency, you may not be entitled to any compensation.