Account Control Systems, Inc. Debt Defense

Account Control Systems, Inc. is a debt collection agency with headquarters in Montvale, New Jersey. The company has been in business since 1982 and created The Collectors Pledge, which many debt collection agencies throughout the country have now adopted. The Collectors Pledge promises to treat borrowers with dignity and respect but unfortunately, that does not always happen. Even Account Control Systems, Inc., which created the Pledge, has had complaints filed against them for violating the rights of debtors.

If Account Control Systems, Inc. has notified you of a debt or has filed a lawsuit against you, you must obtain legal advice. Below, our Fort Lauderdale debt defense lawyer outlines some of the strategies that may be available in your case.

Violations of the Fair Debt Collection Practices Act

The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects borrowers against illegal actions that happen during debt collection. The FDCPA prohibits debt collection agencies from many actions including:

• Calling consumers after 9:00 p.m or before 8:00 a.m.
• Threatening harm or violence to a person or their property
• Using profane language
• Making threats the agency has no intention of following through on
• Misrepresenting themselves as a lawyer or as working on behalf of a law firm
• Making false statements about a person’s debt

According to the FDCPA, if you believe that you are being pursued for the wrong amount of debt, or for a debt that is not yours, you can dispute the alleged debt. Within 30 days of receiving notice of the debt from Account Control Systems, Inc., you can ask them to validate the debt. You must send this request to Account Control Systems, Inc. in writing. Once you have sent your request, the company must stop all attempts to collect the debt until they can validate it. There is no time limit placed on the validation, but debt collection must stop until the company can prove the debt is valid.

Account Control Systems, Inc. has had many cases filed against them due to violations of the FDCPA. They have been accused of using deceptive means to collect on debt, and using unfair strategies when trying to collect on debt. If the company has violated your rights under the FDCPA, you can file a counterclaim against them. If you are successful with your counterclaim, you can recover any damages for the losses you suffered, your attorney fees, and up to $1,000 in statutory damages.

The Statute of Limitations

In Florida, creditors have only five years to try and collect on debt. This is known as the statute of limitations and if that time limit expires, they can no longer try to collect the debt. It is important to note that any payment can restart the clock on the statute of limitations. Due to this, even if the debt is quite old if you have made a payment on it in the past five years, the statute of limitations likely has not expired. If the statute of limitations has expired and Account Control Systems, Inc. is still contacting you, it is important to speak to an attorney.

Bankruptcy

Bankruptcy should always be a last resort, but it can also be very helpful, particularly if you are struggling with a significant amount of debt. If you qualify for Chapter 7 bankruptcy, the debt you owe Account Control Systems, Inc., and other debts can be completely discharged, meaning you are no longer responsible for paying them. Qualifying for Chapter 7 bankruptcy, though, is not easy, as it requires borrowers to pass a means test.

If you do not qualify for Chapter 7 bankruptcy, you can file Chapter 13 bankruptcy. In this type of bankruptcy, the majority of your debt is restructured into a repayment plan. Repayment plans in Chapter 13 bankruptcy extend between three and five years, giving you plenty of time to repay the debt. A portion of your debt may even be discharged during Chapter 13 bankruptcy.

Negotiate a Settlement

Debt collectors are often open to negotiating a settlement with borrowers. In a settlement, you agree to pay back a portion of the debt but not all of it. This can make the debt more affordable to repay, and stop the harassing phone calls and letters. Many people are not comfortable negotiating a settlement on their own. Lawyers are skilled negotiators and have the necessary experience to negotiate a settlement on your behalf.

What Happens if You Do Nothing?

By far the most important thing to do after learning that Account Control Systems, Inc. has filed a lawsuit against you is to respond. It is tempting to ignore it and hope that it will go away, but it will not. Debt collection agencies are hoping that you will ignore the lawsuit, as this allows them to proceed and obtain a default judgment against you. If they are successful in obtaining a default judgment, which they often are, they can garnish your wages, seize your bank account, and take other negative actions against you. To prevent this from happening, it is of critical importance that you respond to the lawsuit.

In Florida, you only have 20 days from the date you were served with the papers to respond to a lawsuit. Your response should include the name of the court, the case number, the parties involved, and more. Our Fort Lauderdale debt defense lawyers can help you draft your response to make sure your best interests are protected.

Call Our Debt Defense Lawyers in Fort Lauderdale Today

If you have been contacted by Account Control Systems, or they have taken legal action against you, you must speak to a Fort Lauderdale debt defense lawyer as soon as possible. At Loan Lawyers, our attorneys have the necessary experience to negotiate on your behalf and use other defenses that can stop all collection practices. Call us now at (954) 523-4357 or contact us online to schedule a free review of your case and to get the legal help you need.