Americollect 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.
Americollect is a legitimate third-party debt collection agency founded in 1964 and based Manitowoc, Wisconsin.
According to its website, Americollect boasts “55 years of Ridiculously Nice Collections,” though Americollect does not define what makes its collection practices ridiculously nice. Americollect recently open a new 37,000 square foot facility to house its collections operations. The facility was built using the latest technology to create a “highly efficient” work environment for its collection professionals. Americollect utilizes standard collections practices, including the use of skiptracers, employee incentives, and a team approach to each individual collection account.
Americollect described its process for debt collection. First, Americollect performs a bankruptcy search and verifies the demographic data of individual debtors. Debtor accounts are then scored, and the data is used to determine the likelihood that individual debtors can pay the collection balance. Next, Americollect utilizes its auto-dialer phone system to reach as many debtors as possible to attempt to obtain payments or set up payment plans.
If these efforts fail, Americollect will utilize the court system to initiate litigation in an attempt to collect a money judgment against individual debtors. If obtained, these judgments accrue interest until paid in full, and can also be used to obtain wage garnishments against individual debtors.
Americollect specializes in hospital collections, radiology collections, and medical collections.
As a third-party debt collection agency, Americollect 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 Americollect 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 Americollect debt collectors
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Americollect is accredited by the Better Business Bureau (BBB), which issued Americollect an “A” rating, despite the presence of 117 complaints against Americollect in the last three years, only 32 of which have been resolved. 111 of these complaints contained allegations related to Americollect’s billing and collections practices, while the remaining six complaints contained allegations related to services provided by Americollect. Since November 2013, the Consumer Financial Protection Bureau (CFPB) has received an astronomical 601 complaints against Americollect, 541 of these complaints contained allegations related to Americollect’s debt collection practices, while the remaining complaints alleged problems with credit reporting practices. In addition, Justia, one of the largest online legal databases in the United States, lists at least 73 federal cases of civil litigation involving Americollect.
Are you asking yourself…
Americollect could be calling for a number of reasons, all of them related to debt collection:
If you’ve been contacted by Americollect 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.
No. If you’ve been contacted by Americollect, 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.
Yes. Americollect 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 Americollect 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, Americollect cannot threaten you to garnish your wages and garnishment can only only occur if Americollect 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. Americollect 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 Americollect 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. Americollect – or any other debt collection agency 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 can sue Americollect if you believe they 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 Americollect – 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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