If you have a bill that has gotten behind, or if you are being falsely accused of owing a debt that isn’t yours, there are legal resources available to help you and your loved ones. Enacted in 1978, the Fair Debt Collection Practices Act (FDCPA) was created to put a stop to unscrupulous collection practices and to end the harassment of third-party collection agencies.
Despite these strict laws, collection agencies such as Everest Receivables, Inc., sometimes disregards the laws and continues with unscrupulous practices and harassing actions. If you are being harassed by Everest Receivables, Inc., or if they failed to validate your debt, you can take legal action against them to recover damages.
What Is A Debt Validation Letter And Why Do You Need It?
Don’t automatically pay any bill received from Everest Receivables Services, Inc. You should ask for proof of the bill – which is called validation of debt. You will need to notify them in writing that you want the debt to be validated.
They will have 5 days to respond by sending you a letter that has proof of your responsibility, details about the original debt, and a breakdown of any fees and charges that are tacked on. It should give any specific information you asked about as well.
If they failed to respond to your request for validation of the debt, you can take legal action. When you file a claim against Everest Receivables, Inc., you will need to provide supporting documentation. You can ask to be compensated for the damages that you suffered because of their illegal collections. Keep copies of all correspondence and document all calls and contact from Everest Receivables Services, Inc.
Damages You May Be Entitled To Recover
If you go to court with a claim against Everest Receivables Services, Inc., and you succeed, you can recover $1,000 for statutory damages. You can also claim any actual damages you suffer, including physical and emotional damages caused by the harassment.
Any medical issues that you claim should be visible and easily proven, such as stress headaches, rashes, or stress-induced heart problems. Establish medical care and keep copies of medical records and medical bills.
The court may hold Everest Receivables Services, Inc., responsible for your legal fees. If you have suffered anxiety, depression, or stress because of the harassment, you can file a claim for emotion trauma or mental anguish to recoup damages. You can ask to be reimbursed lost wages and garnished pay, but you must provide supporting documentation that shows your losses.
Speak With An FDCPA Attorney
If Everest Receivables Services, Inc., has been harassing you about a debt, or if they failed to respond to your debt validation request, you may be able to pursue an FDCPA claim against them. You should enlist the help of an FDCPA attorney who handles debt collector harassment cases in your area.
An attorney will explain your rights in detail and will help you put a stop to the harassing calls. Complete the Free Case Evaluation Form on this page to share the details with an attorney who handles such cases in your area.