Once you miss a certain number of debt payments, your creditors will eventually turn the outstanding accounts over to a third-party debt collector. If the collector pursuing your account bullies and demeans you, you may believe that personal bankruptcy is your only option.
What you need to know is that if debt collectors are treating you this way, they’re breaking the law.
Your Rights Under the FDCPA
Some debt collectors will agree to payment plans, but others are hostile and demand immediate payment despite the existence of the Fair Debt Collection Practices Act (FDCPA). Under this consumer protection law, using methods like those below can cause an agency to lose its license, but many assume the risk anyway.
- Using profane and obscene language
- Discussing the debt with anyone except you, your spouse, or your attorney
- Telling you that by failing to pay the debt, you have committed a crime and will be arrested
- Calling you before 8:00 a.m. and after 9:00 p.m. in your time zone
- Demanding amounts that are inflated by "service charges"
- Calling you several times per day using an autodialer
Company Profile: Vativ Recovery Solutions, LLC
If you are being called by Vativ Recovery Solutions, LLC., information about the company is below.
Vativ Recovery Solutions, LLC is a third-party collection agency located in Houston, Texas. It was established in 1989, has 11-15 employees, and is managed by its President, Gary Stern.
Court records archived at the PACER (Public Access to Court Electronic Records) website indicate that several consumers who believed they were being harassed by Vativ Recovery Solutions, LLC chose to fight back in court rather than deal with predatory activities.
Alleged Violations Against Vativ Recovery Solutions, LLC
Peter Elliott, individually and on behalf of all others similarly situated vs. Palisades Collection, LLC et al**
According to PACER, Indiana resident Peter Elliott and his wife filed for Chapter 13 bankruptcy in 2013. Although the statute of limitations in the State of Indiana for collecting delinquent debts was six years, Vativ Recovery Solutions, LLC filed a claim for a 2013 wireless phone debt.
Accordingly, Mr. Elliott’s bankruptcy counsel was forced to object to this time-barred proof of claim via an objection filed on July 17, 2013. On August 22, 2013, the Bankruptcy Court sustained the objection and disallowed the time-barred proof of claim.
Feeling harassed by Vativ Recovery Solutions, LLC, Mr. Elliott hired a consumer attorney and filed a class action lawsuit against the company for allegedly violating the FDCPA by threatening legal action it could not take.
The matter was later settled.
Hire an Attorney
The phone number for this collection agency is 1-281-313-1923. If it appears on your caller ID, it means that you are being called by Vativ Recovery Solutions, LLC. If they try to collect a time-barred debt, hire a consumer attorney who can help you file a claim against Vativ Recovery Solutions, LLC.
You could end up being awarded $1,000 per FDCPA violation plus attorney fees, damages and associated costs. Any time a collection agency disregards your rights, they could end up owing you money instead.
The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against Vativ Recovery Solutions, LLC., or any other third-party collection agency, you may not be entitled to any compensation.
**Case taken from PACER (www.pacer.gov). File number is Case 1:14-cv-01067-TWP-TAB from the United States District Court for the Southern District of Indiana, Indianapolis Division.