If you have past due debts, or if you are being falsely accused of owing a debt that isn’t yours, you and your loved ones do have resources available. The Fair Debt Collection Practices Act (FDCPA) was enacted in 1978 to help put an end to unscrupulous debt collection practices and from the harassment of third-party debt collectors.
While these strict laws oversee third-party debt collections, but the debt collectors don’t always abide by these rules. If you think Elite Recovery Services, Inc., is harassing you and they failed to validate your debt, you may be able to pursue an FDCPA lawsuit against Elite Recovery Services, Inc.
What Is A Debt Validation Letter And Why Do You Need It?
You shouldn’t start making payments toward the debt until you have confirmed that it is your debt and that you are responsible for it. When you ask for validation of debt, they are required to provide you with validation within 5 days of your request.
This validation should include the total amount due, proof that you are responsible for the debt, the costs of any fees and charges added on, and details about the original debt. If you think they are asking for more than you owe, or if you believe it isn’t your debt, then you should ask for debt validation.
The FDCPA indicates there is a 5-day time limit for the third-party debt collector – in this case, Elite Recovery Services, Inc., – to respond to the request. If they don’t respond by the deadline, the FDCPA has been violated. If the FDCPA has been violated, you can file a claim against the debt collector to ask for compensation for your damages.
Damages You May Be Entitled To Recover
If you are successful with your claim against Elite Recovery Services, Inc., you can recover statutory damages of $1,000. You may recover actual damages, such as emotional and physical damages.
These are damages that are obvious and easily proven, such as migraines, stress headaches, heart problems, or rashes. Also, you can ask the court to hold Elite Recovery Services, Inc., responsible for your legal fees.
If you suffer from anxiety, stress, or depression, you may claim emotional stress or mental anguish. You should maintain supporting documentation, such as medical bills and medical records. You need to make sure you maintain evidence and supporting documentation for your FDCPA claim, so be sure to document all contact with Elite Recovery Services, Inc.
Speak With An FDCPA Attorney
If your debt wasn’t properly validated by Elite Recovery Services, Inc., there are legal repercussions they could face. Consult with an FDCPA attorney who handles such cases in your area, so you can get your claim on the right track.
Your lawyer will tell you more about your rights and how to proceed with your claim. Your lawyer will also put the harassment to a stop. Complete the Free Case Evaluation Form on this page to share the details with an attorney who handles such cases in your area.
*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 Elite Recovery Services, Inc., or any other third-party collection agency, you may not be entitled to compensation.