There are many reasons why anyone can fall into debt. Apart from the misery of being in debt, there is often pressure on you to repay your debt by a debt collection agency like SIMM Associates, Inc. Some debt collectors go too far and try and get you to pay their client more quickly by a mix of threats and harassment. This is not legal.
The Fair Debt Collection Practices Act (FDCPA) prohibits pestering, harassment and threats by debt collectors. If this is what has happened to you, you should talk to an attorney about taking legal action. The FDCPA allows you to sue any debt collector if there has been any violation of the Act.
About SIMM Associates
SIMM Associates, Inc. is a Newark, Delaware, based, debt collection company. It has been in business since 1991. The Better Business Bureau (BBB), which compiles a profile of prominent businesses and publishes a selection of customer reviews and complaints of business practice, first compiled a file on SIMM Associates back in 1995.
The company has been fully accredited to the BBB since 2017. There have been 48 complaints made against SIMM’s behavior in the last five years, mostly for breaches of the FDCPA.
What is Considered a Threat?
The FDCPA explicitly sets out what is meant by a ‘threat.’ Debt collectors may become overzealous in their desire to get a favorable outcome for their client, but this is not necessarily allowed by the FDCPA. Typical examples of what might be considered threats are:
- attempts to get you arrested or threatening to get you arrested;
- threatening to seize any of your property;
- threats to have your wages garnished;
- actual physical violence or threat of violence;
- threatening to publish your name as a debtor on a public forum or website.
Damages You May Be Entitled to
The FDCPA allows you to sue a debt collector that has clearly violated the Act for up to a maximum of $1,000 in damages. This does not mean that your debt has been canceled though. Additional amounts that may be claimed, depending on the allegations, include:
- attorney’s fees;
- court costs;
- an amount in compensation for physical and / or emotional harm;
- compensation for any lost wages or garnished wages that arise from stress caused by the collector.
End the Threats Today
Don’t put up with threats and harassment by a debt collector. The sooner you initiate legal action against a debt collector who has violated the FDCPA, the sooner you will end their unwanted attention. Use the Free Case Evaluation form below to find an attorney who has experience of consumer law and violations of the FDCPA 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 SIMM Associates, Inc., or any other third-party collection agency, you may not be entitled to compensation.