American Management Services or AMS 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.
American Management Services, Inc. (AMS) is a legitimate third-party debt collection agency based in Utah. American Management Services, Inc. has received consumer complaints alleging violations of the Fair Debt Collection Practices Act (FDCPA), including failure to verify debts and attempting to collect debts not owed. If American Management Services, Inc. has contacted you about delinquent collection items, make sure you understand your rights before responding.
According to its website, American Management Services, Inc. approaches collections with three things in mind: quickly recovering money owed, recovering the maximum amount owed, and maintaining a positive relationship with the consumer. American Management Services, Inc. promises to collect the maximum amount owed in the least amount of time. To do so, American Management Services, Inc. remains in constant contact with the debtor, and utilizes “state of the art systems” and a staff dedicated to its goal. American Management Services, Inc. is highly motivated to obtain the maximum amount possible because its compensation is contingent on the amount it can recover from each individual debtor.
American Management Services, Inc. “utilizes every collection tool legally available” to collect debt for its clients. American Management Services, Inc. first uses skiptracing tools to locate debtors and and their individual credit history and assets to initiate contact and possible place judgment liens against. American Management Services, Inc. then employs its specially trained collectors to make contact with debtors through phone calls and demand letters, before attempting to negotiate payment with individual debtors. American Management Services, Inc. also reports debts to credit agencies in order to prevent debtors from obtaining lines of credit while debts are unpaid. If these tactics are not successful, American Management Services, Inc. will utilize its nationwide network of attorneys to initiate court proceedings against individual debtors. If a judgment is obtained, interest will begin to accrue and American Management Services, Inc. could obtain a wage garnishment against the debtor in order to collect in full.
American Management Services, Inc. collects delinquent accounts and manages the accounts receivable from many types of businesses and industries, including automotive lenders; household and utility service providers such as pest control companies; government agencies; property management companies; and medical and healthcare providers.
As a third-party debt collection agency, American Management 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 American Management 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 American Management Services, Inc. debt collectors.
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American Management Services, Inc. is not accredited by the Better Business Bureau (BBB), which issued American Management Services, Inc. an “A+” rating. The BBB currently lists no complaints against American Management Services, Inc. Justia, one of the largest online legal databases in the United States, lists at least eight federal cases of civil litigation involving American Management Services, Inc.
If you’ve been contacted by AMS, 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…
American Management Services Inc could be calling for a number of reasons, all of them related to debt collection:
If you’ve been contacted by AMS 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. American Management Services Inc 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 AMS 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, American Management Services Inc cannot threaten you to garnish your wages and garnishment can only only occur if AMS 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. American Management Services Inc 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 AMS 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. American Management Services Inc – or any other debt collection agency like AMS 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 American Management Services Inc if you believe AMS 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 American Management Services Inc – 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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