Advanced Recovery Services or ARS debt collection agency is bound by the Fair Debt Collection Practices Act. Learn more about the company and how you can stop harassing debt collection calls.
Advanced Recovery Services, Inc. or ARS is a legitimate third-party debt collection agency founded in 1992 and based in Indiana. Advanced Recovery Services, Inc. has received consumer complaints alleging violations of the Fair Debt Collection Practices Act (FDCPA), including threatening to take actions that cannot legally be taken and harassment. If ACS has contacted you about past due financial obligations,make sure you understand your rights before you respond.
According to its website, Advanced Recovery Services, Inc. is a full-service collection agency offering a variety of accounts receivable management services, including reporting debt to the credit reporting agencies; customized client reports; electronic file transfers; first-party business services, including legal services; access to large local databases; and a subsidiary relationship with a regional hospital.
Advanced Recovery Services, Inc. is staffed with professional debt collectors, whose job is to contact patients and/or others who are financially responsible for the cost of medical services provided by Advanced Recovery Services, Inc.’s clients and collect upon that debt. All of ARS’ employees are certified as collectors by the American Collectors Association. Advanced Recovery Services, Inc. focuses its efforts on collecting debt on behalf of its clients, while working to maintain the public image of its clients. Additionally, Advanced Recovery Services, Inc. utilizes “the latest technology in software and hardware.” Advanced Recovery Services, Inc. boasts that it uses the “top collection module in the country, Flexible Automated Collection Software” to most efficiently recover debt for its clients.
Advanced Recovery Services, Inc. is a member of several national debt collection associations, including the American Collectors Association (ACA) and the National Healthcare Collectors Association (NHCA).
If ARS is trying to collect a debt from you, you can expect an initial letter from them explaining the origin of the debt wherein they may ask for additional information from you to verify the debt. After 30 days have elapsed, Advanced Recovery Services, Inc. will commence telephone calls to the debtor in order to establish a payment plan. If Advanced Recovery Services, Inc. is unable to collect in full, it will initiate legal proceedings against the debtor, and if it obtains a judgment, it will pass all legal related costs on to the debtor, thereby increasing the amount owed.
Advanced Recovery Services, Inc. specializes in medical accounts receivable.
As a third-party debt collection agency, Advanced Recovery Services, Inc. is required to adhere to the Fair Debt Collection Practices Act (FDCPA), a federal law that protects consumers from abusive debt collection tactics. Nevertheless, consumers have filed complaints accusing Advanced Recovery Services, Inc. of violating the FDCPA. Those accusations have included claims that the debt collection agency has threatened to sue consumers without actually intending to do so and talking to third parties about consumers’ debts. It’s imperative that you know your rights under the law before speaking with Advanced Recovery Services, Inc. debt collectors.
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Advanced Recovery Services, Inc. is accredited by the Better Business Bureau (BBB). The BBB issued Advanced Recovery Services, Inc. an “A” There have been no complaints filed against Advanced Recovery Services, Inc. in the past three years. The Consumer Financial Protection Bureau lists one complaint against Advanced Recovery Services, Inc. related to its debt collection practices
If you’ve been contacted by ARS, you have the right to sue them in federal court if the debt collection agency has violated the Fair Debt Collection Practices Act. Signs that you may be on solid legal footing are:
The Fair Debt Collection Practices Act was put into law in order to protect consumers like you, but there’s a catch. While the government sues debt collection agencies that egregiously violate the law, it doesn’t sue agencies on behalf of individual consumers. Instead, the FDCPA has what’s called a fee-shifting provision. This means that, if you sue and win, then the debt collection agency has to pay your court costs and attorney fees. Fee-shifting levels the playing field so that you can assert your rights.
Are you asking yourself…
Advanced Recovery Services could be calling for a number of reasons, all of them related to debt collection:
If you’ve been contacted by ARS it’s important to know your rights under the Fair Debt Collection Practices Act. If they’ve violated your rights, you can take the agency to court and sue for statutory damages of up to $1,000 – along with court costs and attorney fees.
Yes. Advanced Recovery Services can sue you if you owe the debt, however, threatening to sue or serve you with papers if they don’t intend to do so is a violation of the Fair Debt Collection Practices Act. Additionally, after receiving the first collection notice, you have 30 days to dispute the debt. If you dispute the debt, then ARS is required by the FDCPA to prove that you do, in fact, owe the money. A debt collection agency isn’t allowed to sue you if, for example, the debt is past the statute of limitations or if you do not legally owe the debt. It’s a good idea to speak with a fair debt attorney if you’ve been served with a summons or legal complaint.
Yes. However, Advanced Recovery Services cannot threaten you to garnish your wages and garnishment can only only occur if ARS files a lawsuit and obtains a judgment against you. It’s common for consumers to ignore notice of a lawsuit; if you don’t appear in court, the judge may automatically rule against you. Debt collection agencies have been known to avoid serving consumers with notice to increase the odds of obtaining a judgment. This is called “sewer service” or “gutter service.” The bottom line? If wage garnishment takes you by surprise, talk to a consumer attorney who can fight for your rights.
Yes. Advanced Recovery Services can report debts in collection to the three major credit reporting agencies – Experian, TransUnion, and Equifax. Once a debt is reported to the credit bureaus, it will appear on your credit report and will impact your credit score.
Yes. However, as with wage garnishment, a property lien can only arise out of a court judgment against you. If ARS files a lawsuit against you and the judge rules in their favor, then the debt collection agency has a right to collect that money. One way of doing that is by putting a lien on your house or property. That’s why it’s imperative to respond to legal papers and to have an attorney by your side who will fight on your behalf.
No. Advanced Recovery Services – or any other debt collection agency like ARS for that matter – has no authority whatsoever to arrest you. In fact, threatening you with arrest or jail is a violation of the Fair Debt Collection Practices Act. While so-called “debtors prisons” are illegal, only non-payment of things like traffic tickets can lead a judge to issue a bench warrant, which in turn can lead to arrest.
Yes. You absolutely have the right to sue Advanced Recovery Services if you believe ARS violated the Fair Debt Collection Practices Act. The FDCPA says that debt collection agencies that violate the law must pay consumers up to $1,000 in statutory damages, as well as court costs and attorney fees. That’s why engaging a fair debt attorney to represent you in an FDCPA lawsuit typically doesn’t cost you anything out of pocket. The attorney that agrees to take on your case knows that the debt collection agency will be forced to pay their fees.
If Advanced Recovery Services – or any other debt collection agency – is calling you to the point of harassment, using abusive or profane language, or violating the FDCPA in some other way, it’s time to fight back. Under the law, you may be entitled to up to $1,000. At Lemberg Law, we won’t charge you a dime out of pocket, and we only get paid when you win. Call us today for a free, no-obligation, case evaluation. We’ll get the justice that you deserve.
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