American Credit Financial ACF Collections Complaints? Calling, Harassing You?

Is American Credit Financial legit? Are they a scam?

American Credit Financial, LLC (ACF) is a legitimate third-party debt collection agency based in Georgia. American Credit Financial, LLC has received consumer complaints alleging violations of the Fair Debt Collection Practices Act (FDCPA), such as using prohibited communication tactics and threatening to take action that cannot legally be taken. If American Credit Financial, LLC has contacted you about delinquent collection items, make sure you understand your rights before responding.

According to its website, American Credit Financial, LLC is a debt collection agency that officers professional services, including strategically designed programs to maximize its debt-collection efficiency and returns. American Credit Financial, LLC’s primary objective is “to collect the full balance from delinquent customers.”

In support of its efforts, American Credit Financial, LLC utilizes a number of tactics, including outbound calls to debtors, mailed collection notices, location and asset investigations to confirm lien-eligible properties, and credit reporting, which can prevent debtors from obtaining lines of credit while the debt remains outstanding. If these tactics are unsuccessful, American Credit Financial, LLC will initiate court proceedings against debtors. Any judgment obtained by American Credit Financial, LLC against the debtor will collect interest and could also lead to wage garnishments against the debtor

Who does American Credit Financial collect for?

American Credit Financial, LLC is experienced in debt collection for third parties, credit card companies, installment loan originators, and banking institutions.

As a third-party debt collection agency, American Credit Financial, LLC 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 American Credit Financial, LLC 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 American Credit Financial, LLC debt collectors.

Reviews: How many complaints have been filed against American Credit Financial?

American Credit Financial, LLC is not accredited by the Better Business Bureau (BBB), which issued American Credit Financial, LLC an “A-” rating, despite the presence of six complaints against American Credit Financial, LLC in the past three years, none of which have been resolved. One of these complaints against American Credit Financial, LLC alleged problems with billing and collections services, while the remaining complaints alleged problems with advertising and other services provided by American Credit Financial, LLC. Since January 2016, the Consumer Financial Protection Bureau (CFPB) has received 24 complaints against American Credit Financial, LLC. 20 of these complaints contained allegations related to American Credit Financial, LLC’s debt collection practices, while the remaining complaints alleged problems with payday loan practices. In addition, Justia, one of the largest online legal databases in the United States, lists no current federal cases of civil litigation involving American Credit Financial, LLC

American Credit Financial harassing you?

If you’ve been contacted by ACF, 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 debt collection agency called you several times in a single week
• A debt collector calls you before 8:00 a.m. or after 9:00 p.m.
• You’ve told the debt collection agency that you can’t receive calls at work, but they call anyway
• The debt collection agency is threatening to sue you
• A debt collector has disclosed information about your debt to family members, coworkers, or friends
• The debt collection agency is asking you to pay collection fees
• A debt collector swears at you or calls you names

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…

Why is American Credit Financial calling me?

American Credit Financial could be calling for a number of reasons, all of them related to debt collection:

• They could be collecting a debt on behalf of a creditor. For example, your dentist may have hired the agency to collect on a past due dental bill.
• They may be calling about a debt incurred by someone you don’t know. For example, it could be a wrong number call or your phone number could have been previously owned by the person who actually owes the debt.
• They could be calling to ask the whereabouts of someone you know. For example, they may believe that a family member of yours owes a debt and they’re trying to get a hold of his or her phone number or find out where he/she works.
• They may be trying to get you to make a small payment on a time-barred debt in order to restart the clock on the statute of limitations. For example, they could have purchased a very old bundle of uncollected cell phone bills that are legally unenforceable; convincing a consumer to pay even a dollar makes the debt current again.

If you’ve been contacted by ACF 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.

Can American Credit Financial sue me?

Yes. American Credit Financial 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 ACF 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.

Can American Credit Financial garnish my wages?

Yes. However, American Credit Financial cannot threaten you to garnish your wages and garnishment can only only occur if ACF 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.

Can American Credit Financial report my debt to the Credit Bureaus?

Yes. American Credit Financial 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.

Can American Credit Financial put a lien on my house or property?

Yes. However, as with wage garnishment, a property lien can only arise out of a court judgment against you. If ACF 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.

Can American Credit Financial arrest me?

No. American Credit Financial – or any other debt collection agency like ACF 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.

Can I sue American Credit Financial?

Yes. You absolutely have the right to sue American Credit Financial if you believe ACF 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.

Ready to fight for your rights?

If American Credit Financial – 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.