DEBT COLLECTOR REFUSES TO PAY JUDGMENT

Hutchinson Kansas debt collector National Credit Adjusters, LLC, which has offices in Arizona, refuses to pay a valid federal court judgment entered against it and in favor of an Arizona consumer.

National Credit was sued for violating the federal Fair Debt Collection Practices Act, or FDCPA, when it attempted to collect on an internet payday loan which was void under Arizona law. The payday lender, Plain Green, LLC, offered internet payday loans to Arizona residents. However, the Arizona law which permitted payday loans expired on June 30, 2010, making all payday loans made after that date to Arizona consumers void and uncollectible. 

National Credit Adjusters failed to defend the lawsuit and the judge entered a default judgment against the collection agency. Even though several demands have been made to National Credit to pay the judgment, it has refused.

Once again, the collector now becomes the collected!

If you are receiving collection calls from National Credit Adjusters, LLC concerning a payday loan, you should seek the advise of a consumer lawyer who has extensive experience in these types of cases.

For a free phone consultation, please contact Floyd W. Bybee at the BYBEE LAW CENTER, PLC (480) 756-8822 .

Debt Collectors Are Prohibited From Contacting Debtors Who Are Represented By An Attorney

FDCPA Prohibits Contacting Represented Debtors

The federal Fair Debt Collection Practices Act or FDCPA prohibits a debt collector, which includes collection agencies, debt buyers, and collection lawyers, from contacting a debtor who they know or should know is represented by a lawyer. This knowledge may come from the debtor telling the collector he has a lawyer, or may come from prior efforts to collect the debt. In any event, a debt collector who contacts a represented debtor is subject to claims under the FDCPA, including statutory damages of up to $1,000, and any actual damages. 

Commercial Recovery Systems, Inc. Sued for Harassing Arizona Consumer

My office recently filed suit under the federal Fair Debt Collection Practice Act or FDCPA against Commercial Recovery Systems, Inc. (“CRS”) for calling and harassing an Arizona consumer over a debt which was beyond the statute of limitations. The complaint alleges that the debt is stale and beyond the Arizona statute of limitation to collect by legal action, yet CRS telephoned and threatened this Arizona debtor with legal action, including threats of wage garnishment, freezing of her bank account, taking her income tax refund, and placing a lien on her current vehicle if she did not pay.

The FDCPA protects Arizona consumers from these types of threatening calls from collection agencies. In this case CRS’s alleged actions are even more egregious since the collector’s manager got on the phone and confirmed that these actions would in fact be taken unless the account was paid.

If you are an Arizona consumer who is receiving harassing or threatening collection calls from Commercial Recovery Systems, Inc. or other collection agency, please call Floyd W. Bybee at the BYBEE LAW CENTER, PLC (480) 756-8822 for a free phone consultation to see what your rights are.