Falling behind with paying monthly bills is a stressful experience. There can be nothing worse and more stressful than being falsely accused of owing a debt. If this has happened to you the Fair Debt Collection Practices Act (FDCPA) protects you from being threatened and harassed by debt collectors like SRS & Associates.
The Fair Debt Collection Practices Act (FDCPA), which came into force in 1978, pledged that it would prevent third-party debt collectors from harassing consumers like you and your loved ones when on a mission to collect a debt. This might be the law, but not all debt collectors take notice of the FDCPA. If you think that SRS & Associates has been threatening you, it may be possible for you to file an FDCPA lawsuit.
About SRS & Associates, Inc. Collection Agency
Southwest Recovery Services, or SRS, is a Texas based third-party debt collection agency based. SRS has received many complaints alleging it has violated the Fair Debt Collection Practices Act (FDCPA), including trying to collect debts that are not actually owed and threatening action that it cannot legally take but frightens and threatens the alleged debtor. It is not accredited by the Better Business Bureau (BBB) but it has had 3 complaints in the past 3 years with 2 complaints being closed in the last 12 months.
What is Considered a Threat?
The FDCPA could not spell out any more clearly what it considers to be threatening behavior when it comes to debt collection agencies actions when they send debt collectors to recover a debt. If SRS & Associates has takes any of the following actions as a way of collecting a debt it could be violating the FDCPA:
- the use of violent acts which cause physical harm, injury or damage to the debtor's reputation;
- threatens to take away to your property;
- threatens to recoup the debt by garnishing your wages;
- threatens to call the police to get you arrested for non-payment of a debt;
- makes public a debtor’s list and threatens each debtor on the list with legal action.
Damages You May Be Entitled to
Any debtor that is able to prove his/her case in a court of law may be eligible to be awarded $1,000 in statutory damages. Also, the court may award further damages, which could include physical and emotional damages, and compensation for loss of wages and wage garnishment if applicable. The court may demand that SRS & Associates pay the debtor’s attorney fees.
Physical damage compensation usually covers obvious afflictions caused by the stress of being threatened by a debt collector. This could include outbreak of rashes, severe, chronic headaches and heart conditions. The emotional impact on the debtor brings on unwanted stress and anxiety so your attorney may include emotional distress in a damages claim.
End the Threats Today
If you have indisputable proof that a debt collector from SRS & Associates, Inc. has threatened you, the business will have to face the legal repercussions of its actions. You should speak to an FDCPA attorney who specializes in creditor harassment so that you can familiarize yourself about your rights when you are threatened in this way. You will discover how you can stop SRS & Associates, Inc. from threatening you. Fill out our Free Case Evaluation to be connected with an FDCPA attorney who handles consumer law cases in your state.
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*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 SRS & Associates, Inc., or any other third-party collection agency, you may not be entitled to compensation.