Budget Control Services BCS Collections Complaints? Calling, Harassing You?

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Budget Control Services or BCS is a 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 Budget Control Services legit? Are they a scam?

Budget Control Services, Inc. is a legitimate third-party collection agency based in Colorado. Budget Control Services, Inc. has received consumer complaints alleging violations of the Fair Debt Collection Practices Act (FDCPA), including illegal communication tactics and attempting to collect debts not owed. If you have been contacted by Budget Control Services, Inc. about past due financial obligations, make sure you understand your rights before responding.

According to its website, Budget Control Services, Inc. fuels the economy by turning bad debt into profit. Budget Control Services, Inc. has over 25 years of debt collection experience.

In support of its debt collection efforts, Budget Control Services, Inc. utilizes the “best technology available to maximize our collection results.” Budget Control Services, Inc.’s collection team has over 250 years of experience in debt collection management, collections, and litigation. Budget Control Services, Inc. offers its employees extensive, regular training on compliance and collection strategies. Budget Control Services, Inc. boasts that its employees must obtain a 100% when tested on FDCPA requirements before being hired.

Budget Control Services, Inc. offers ARM consultations, skip tracing, and online services such as 24-hour client access to reports, account updates, and account placement. As an Accounts Receivable Management (ARM) company, Budget Control Services, Inc. offers a full suite of collections services. Its pre-collect services provide clients “with an option to collect aged receivables before choosing to move the accounts into a full collection mode.” First-time placement of primary accounts is the foundational element of the services provided by Budget Control Services, Inc., and focuses on “aged accounts receivable when they move into the 45[-] to 90-day past due column.” Legal collections are reserved for accounts in which the “consumer has the financial ability to pay, but refuses, or continues to default on payment arrangements.” In addition, Budget Control Services, Inc. offers ARM consultations, skip tracing, and online services such as 24-hour client access to reports, account updates, and account placement.

Budget Control Services, Inc. is a member of numerous professional debt collection associations, including the Association of Credit and Collection Professionals (ACA International) and the Regional Associated Collection Agencies, Inc. and the Nebraska Collection Association, among others.

Who does Budget Control Services collect for?

Budget Control Services, Inc. provides a wide range of collection services for several industry segments including legal, healthcare, education, and rental properties.

As a third-party debt collection agency, Budget Control 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 Budget Control 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 Budget Control Services, Inc. debt collectors.

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Reviews: How many complaints have been filed against Budget Control Services?

Budget Control Services, Inc. is accredited by the Better Business Bureau (BBB), which issued Budget Control Services, Inc. an “A+” rating, despite the presence of five complaints against Budget Control Services, Inc. in the past three years, three of which have been resolved in the past 12 months. Three of these complaints contained allegations related to Budget Control Services, Inc.’s billing and collections practices, while the remaining complaints contained allegations related to services provided by Budget Control Services, Inc. Since February 2015, the Consumer Financial Protection Bureau (CFPB) has received 39 complaints against Budget Control Services, Inc., 33 of which contained allegations related to Budget Control Services, Inc.’s debt collection practices, including its communication tactics and attempts to collect debts not owed, while the remaining complaints contained allegations related to credit reporting. In addition, Justia, one of the largest online legal databases in the United States, lists at least 20 federal cases of civil litigation involving Budget Control Services, Inc.

 

Are you asking yourself…

Why is Budget Control Services calling me?

Budget Control 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 BCS 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.

How do I stop Budget Control Services from calling?

First you can write a cease and desist letter. Explain to Budget Control Services that they have the wrong person and insist that they stop calling you. Make sure to send your letter via certified mail with a return receipt requested. If debt collectors from BCS persist in calling you, make sure to keep a log. Note the date and time of each call, the name of the debt collector, and what was said. Under the Fair Debt Collection Practices Act, debt collectors, who violate the law, must pay consumers up to one thousand, dollars plus attorney’s fees. A fair debt attorney can represent you at no charge, and can readily evaluate your case. It’s also important to file complaints with the Better Business Bureau and with the Federal Trade Commission.

Can Budget Control Services harass me?

No. If you’ve been contacted by BCS, 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 Budget Control Services sue me?

Yes. Budget Control 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 BCS 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 Budget Control Services garnish my wages?

Yes. However, Budget Control Services cannot threaten you to garnish your wages and garnishment can only only occur if BCS 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 Budget Control Services report my debt to the Credit Bureaus?

Yes. Budget Control 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 Budget Control 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 BCS 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 Budget Control Services call me at work?

Yes, Budget Control Services can call you at work however there are strict limits about what BCS can say or ask about you if they are calling your at your place of employment. If you want them to stop calling your job, you should tell them not to and you say that your employer either doesn’t allow those types of calls or it’s inconvenient for you. If they keep calling after you have made this request, it’s actually a violation of the Fair Debt Collection Practices Act for them to continue to call you. These laws prevent calls to work when you’ve told them not to, so it’s important to make that clear to the debt collector calling you. Take the date, and time, and the name of the person that you spoke with when you asked them not to call at work and then consult with an attorney about your rights

Can Budget Control Services call my family members?

Yes. Again however, there would be strict limits to what they can say. It would be illegal, for example, if BCS called your family and discussed your debt with them. It might be easier to say that the ONLY reason a debt collector can contact your family is to obtain or confirm your location information so that they may contact you. That is the only exception to the law regarding third party contact. Collection calls are annoying enough, but when a collector is calling your friends, family, co-workers or place of employment and discloses information about your finances, the annoyance can quickly turn into harassment. Under federal law, debt collectors cannot discuss your debts with your children, roommates, and in many states, even your spouse.

Can Budget Control Services arrest me?

No. Budget Control Services – or any other debt collection agency like BCS 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 Budget Control Services?

Yes. You can sue Budget Control Services if you believe BCS 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 Budget Control 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.

Who are we? We are Lemberg Law, a Consumer Law Firm

Lemberg Law is a consumer law firm helping victims of collection harassment and abuse. We are ranked A+ by the BBB. We’ve helped more than 15,000 consumers stop harassment and recover money from debt collectors. Harassed? Abused? Misled by a collector? Call our Helpline today! There is no charge unless we win.

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