Applied Business Services or ABS 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.
Is Applied Business Services legit? Are they a scam?
Applied Business Services, Inc. (ABS) is a legitimate third-party debt collection agency based in North Carolina. Applied Business Services, Inc. has received consumer complaints alleging violations of the Fair Debt Collection Practices Act (FDCPA), including using false or misleading language in an effort to collect a debt and attempting to collect debts not owed. If Applied Business Services, Inc. has contacted you about past due financial obligations,understand your rights before taking action.
According to its website, Applied Business Services, Inc. “is aggressive in its pursuit of collections.” Applied Business Services, Inc. utilizes a problem-solving approach in conjunction with a thorough follow-up process.Applied Business Services, Inc. promises that it will “spare no effort to protect its client’s reputation.”
Applied Business Services, Inc.’s website consists of just one page, although there are links to off-site portals for online consumer payments and client account access. Applied Business Servces, Inc.’s website does not provide a lot of detailed information about its collection practices or client base
Who does Applied Business Services collect for?
Applied Business Services, Inc.’s website offers no information about the industries or types of debt it serves on behalf of its clients.
As a third-party debt collection agency, Applied Business 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 Applied Business 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 ABS debt collectors.
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Reviews: How many complaints have been filed against Applied Business Services?
Applied Business Services, Inc. is not accredited by the Better Business Bureau (BBB), which issued Applied Business Services, Inc. a “C+”rating. The BBB website lists the presence of two complaints against Applied Business Services, Inc. in the last three years, none of which have been resolved. Both of these complaints contained allegations related to Applied Business Services, Inc.’s billing and collections practices. Since December 2013, the Consumer Financial Protection Bureau (CFPB) has received 67 complaints against Applied Business Services, Inc. 53 of these complaints contained allegations related to Applied Business Services, Inc.’s debt collection practices, while the remaining complaints alleged problems with Applied Business Services, Inc.’s credit reporting and credit card practices. In addition, Justia, one of the largest online legal databases in the United States, lists at least four federal cases of civil litigation involving ABS
Are you asking yourself…
Why is Applied Business Services calling me?
Applied Business Services 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 ABS 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 Applied Business Services harass me?
No. If you’ve been contacted by ABS, 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 insults, 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.
Can Applied Business Services sue me?
Yes. Applied Business 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 ABS 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 Applied Business Services garnish my wages?
Yes. However, Applied Business Services cannot threaten you to garnish your wages and garnishment can only only occur if ABS 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 Applied Business Services report my debt to the Credit Bureaus?
Yes. Applied Business 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.
Can Applied Business Services 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 ABS 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 Applied Business Services arrest me?
No. Applied Business Services – or any other debt collection agency like ABS 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 Applied Business Services?
Yes. You can sue Applied Business Services if you believe ABS 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 Applied Business 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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