It is a scenario too many people find themselves in every day. The phone will not stop ringing and at the other end, borrowers know it is a debt collection agency trying to collect a debt consumers cannot repay. Of all the different debt collection companies that could call you, Receivables Performance Management, LLC, (RPM), is one of the biggest. Like the others, though, they are relentless in their pursuit of debts and they may even use harassing or threatening tactics when contacting you.
Fortunately, there are many ways you can protect yourself from RPM and any legal action they may take against you. The steps you take now, though, are important and can either help or hurt your case.
Who is RPM?
Receivables Performance Management is one of the biggest debt-collection companies in the United States. The company is based out of Lynnwood, Washington, but they try to recover debt from consumers throughout the entire country. RPM collects debts for many different companies in a variety of industries. These include auto finance, credit cards, healthcare, and telecommunications. The company has a rating of 1 out of 5 on the Better Business Bureau’s website, along with several hundred complaints lodged against the business.
What Not to Do if RPM Contacts You
There are many steps you can take if Receivables Performance Management contacts you. However, certain actions may ultimately hurt your case in the end and end up in a forfeiture of your rights. Below is a list of things not to do if RPM is trying to contact you:
- Do not panic: It is a sad fact that debt collectors want you to panic. They want you to think that if you do not repay the debt immediately, you will face severe consequences. Some of the things they say may be true, but some of them may not. Do not give in to threats or harassing behavior. Instead, contact a debt defense lawyer who can make sure your rights are upheld.
- Do not admit you owe the debt: Never admit that you owe the debt. Even if you know you owe the debt, do not admit that it is legitimate. While you should not outright deny it, admitting that you owe the debt could waive your rights to fight the debt collector or negotiate the debt.
- Do not give any financial or personal information: Legitimate debt collectors will already have everything they need to collect a debt from you. Scammers will not. Never give your financial or personal information to anyone, as this can have severe consequences, such as having your identity stolen.
What to Do if RPM Contacts You
Avoiding certain actions can protect you when speaking to Receivables Performance Management, LLC, but it is just as important to understand how you should proceed. Some of the things you should do when speaking to RPM are as follows:
- Report violations of the law: The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects borrowers by prohibiting debt collectors from taking certain actions. Debt collectors cannot call you at unreasonable hours, threaten you with arrest or violence, lie or misrepresent the debt, contact you about a debt you do not owe, and more. If RPM violates the FDCPA or any other laws, you can report them to the Federal Trade Commission (FTC) or the Consumer Financial Protection Bureau (CFPB).
- Ask questions: Asking more questions than you answer is important when dealing with RPM. Ask them their name, the information for the contracting company, their contact info, and pertinent details about the debt. Also record the date of any phone call, as this can make it easier to follow up with them in the future.
- Ask RPM to validate the debt: By mailing RPM a Debt Validation Letter, you can ask them to verify the original debt, anything you have paid on the account, and the remaining balance. After RPM responds to the letter, you have 30 days to dispute the debt.
What to Do if RPM Files a Lawsuit Against You
In an attempt to collect the entire debt they are alleging you owe, RPM may file a lawsuit against you. This can be stressful, but it does not mean that you will automatically have to pay the debt. The most important thing to do after receiving notice of the lawsuit is to respond to it. In Florida, you have only 20 days to do this. You should also appear in court on the date indicated in the documents you receive.
If you fail to do either of these things, you will likely lose your case. RPM will ask the court for a default judgment, which means you will not have the opportunity to defend yourself. RPM will obtain the default judgment, which may allow them to garnish your wages or take other negative actions against you. When preparing your answer, there are tips to keep in mind and they are as follows:
- Do not give too many details or feel as though you have to tell your whole side of the story. Make RPM prove their case without having too much information.
- Deny as many claims as you can in the complaint.
- Outline your affirmative defenses that show RPM does not have a valid case against you.
- Do not forget to sign your answer, or the court will not consider it.
- Include a certificate of service that verifies that you sent a certified copy to RPM.
We can help you prepare your answer, and the defenses in your case, to give you the best chance of a successful outcome.
Call Our Debt Defense Lawyers in Florida
There are legal strategies you can use when going up against Receivables Performance Management, LLC, but you should not go through the process alone. At Loan Lawyer, our Fort Lauderdale debt defense lawyer can guide you through the steps, defend a lawsuit, or help you negotiate a debt settlement with RPM. Call us today at (954) 523-4357 or contact us online to schedule a free review of your case and to get the legal help you need.
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