SIMM Associates, Inc., is a professional recovery service that operates as accounts receivable management specialists. They work with creditors to recover past-due consumer credit accounts. SIMM Associates is based in Newark, Delaware.
If you are being sued by SIMM Associates, Inc., you should consult with an FDCPA attorney. You will want to ensure the entire lawsuit is read and a response is filed on your behalf by the specified deadline.
If you don’t respond, SIMM Associates will be awarded a judgment against you because the court will believe the allegations are true.
How to Respond to A Lawsuit from SIMM Associates, Inc.
Just because SIMM Associates says you owe a debt, that doesn’t mean that it is true. Gather up documentation to show any payments that you have made. Ask SIMM Associates to provide proof of the debt, including the original agreement that shows how much you owe and what it was for.
Documentation is the key to a successful fight against SIMM Associates. Also, go through all your paper correspondence and document all phone calls because SIMM Associates could violate the FDCPA.
Damages You Could Receive from SIMM Associates, Inc.
If you were harassed by SIMM Associates and they violated the FDCPA, you can file a claim against the third-party debt collector to recover compensation for your damages. There could be a variety of damages suffered in such situations.
Here are some more common damages that might result:
- Physical distress – The stress caused by a debt collector can cause you to suffer physical distress. You might experience tension headaches, migraines, rashes and hives, hypertension, depression, anxiety, panic attacks, muscle aches, or even heart problems that are stress-induced.
- Emotional distress – You can suffer emotionally and mentally because of the stress from the collections process. Your relationships may suffer, and you might have emotional distress and mental anguish.
- Statutory damages – If it is determined that SIMM Associates, Inc., violated the FDCPA but you aren’t eligible for damages for emotional or physical distress, you can claim up to $1,000 in statutory damages.
- Lost wages – If you missed work because of the emotional or physical distress, or if you suffered a loss of pay because the harassment caused you to have lower productivity, you can ask to be paid those lost wages.
- Recovery of wage garnishment – If the FDCPA was violated by SIMM Associates, Inc., and they garnished your pay, you can ask to have those wages paid back.
- Legal fees –You could ask the court to have SIMM Associates to cover all legal expenses, including court costs and your attorney’s fees.
- Injunctive relief – If you show the court the FDCPA was violated and you were being harassed, you can ask them to order injunctive relief. The court would order SIMM Associates to no longer call you, your friends, your family, and your employer attempting to collect the debt and all written correspondence must stop.
Talk to An FDCPA Attorney Today
You don’t have to put up with the continued harassment. If you are being threatened with a lawsuit from SIMM Associates, Inc., consult with an FDCPA attorney to determine the best way to proceed with your claim.
*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against SIMM Associates, Inc., or any other third-party collection agency, you may not be entitled to receive any compensation.