Many people wonder why Alltran Financial, LP is constantly calling them trying to collect on a debt. This is not surprising. As a debt collection company, Alltran Financial often calls consumers, sometimes to the point of harassment, stating that they owe a debt. This is not always the case, but that does not stop Alltran Financial from continuing to call and send letters and even text messages.
If Alltran Financial, LP is contacting you in regards to a debt or worse, has already filed a lawsuit against you, it is important to know that you have rights. Our Fort Lauderdale debt defense lawyers can inform you of what these are and make sure they are protected.
What is Alltran Financial?
Formerly known as United Recovery Systems, Alltran Financial is a valid and experienced debt collection agency that has been in operation since 1987. While the company has its headquarters in Houston, Texas, they collect debt from borrowers across the country. Alltran Education and Alltran Health are branches of the main company and they also contact borrowers regarding their debt. This is important to know because debt collection agencies cannot contact you more than seven times in seven days. Alltran Financial, LP, may try to get around this law by contacting you through their different branches.
Why is Alltran Financial Contacting You?
Alltran Financial is a debt collection company and so, they are contacting you because they believe that you own a specific creditor’s money. Lenders and creditors do not want to follow up on a debt that has not been paid for many months or years. Due to this, they hire debt collection companies such as Alltran Financial to collect the debt on their behalf. There are many different types of companies that Alltran Financial collects for. They include:
- Credit card companies
- Banks
- Retailers
- Auto lenders
- Mortgage lenders
- Online lenders
If you have debts such as student debt, auto loans, credit card debt, parking or toll fees, or a mortgage, Alltran Financial may contact you regularly trying to collect the debt. If you want to stop Alltran Financial from contacting you, you can send them a debt validation letter.
Creditors also often bundle accounts of borrowers and sell them to debt collection agencies such as Alltran Financial for pennies on the dollar. Creditors do this because they would rather recover a portion of the debt rather than none of it at all.
Sending a Debt Validation Letter
Debt collectors are required to provide you with specific information about your debt. This is known as validation information. Generally speaking, debt collection companies must provide you with this information when they initially contact you, or within five days of first communicating with you. Also known as a validation notice, the letter you receive should prove that the debt is yours and that the amount is correct. The letter should also state how you can dispute the debt if you believe anything contained within the letter is incorrect.
Common Complaints Against Alltran Financial
Unfortunately, Alltran Financial has been the subject of many complaints. These complaints have been filed with the Consumer Financial Protection Bureau and the Better Business Bureau.
One complaint stated that Alltran Financial had phoned the consumer repeatedly over an auto loan debt. The debt had been paid and no money was owed. The company also called the consumer 15 years after they initially had the vehicle and they had taken out several auto loans since that time. Upon telling them that the consumer did not owe them money, Alltran Financial became rude and disrespectful. The company also threatened the consumer with a lawsuit.
Steps to Take When Responding to Alltran Financial
After receiving notice that Alltran Financial has filed a lawsuit against you, it is natural to feel very concerned. However, you must remain calm so you can take the following steps:
- Answer every claim in the complaint: You must answer every allegation Alltran has against you in the complaint. You can answer by admitting, denying, or denying a lack of knowledge. It is usually recommended that you deny all of the claims made against you.
- Assert affirmative defenses: When asserting affirmative defenses, you provide your side of the story and explain why you are not responsible for paying the debt or why you do not have to pay it. There are many affirmative defenses you can use in your case. Some affirmative defenses include stating that the amount of debt is incorrect, arguing that Alltran Financial does not have legal standing to file the complaint, that the statute of limitations has expired, or that your rights as a consumer were violated.
- File your response with the court: You must file your response with the court. You must do this within 20 days of being served with notice of the lawsuit. If you do not file your response, Alltran Financial can try to obtain a default judgment against you. This allows them to automatically win their case without allowing you to defend yourself.
Negotiating a Settlement with Alltran Financial
Alltran Financial is often willing to negotiate a settlement because the court process is expensive and time-consuming. Additionally, they would rather obtain a portion of the debt than risk not obtaining any of it at all. Often, a settlement involves you paying a lump sum for a portion of the debt and then paying the remainder within a short period.
It is always recommended that you have a lawyer negotiate on your behalf when trying to settle. While most people are not comfortable with the thought of negotiating, a lawyer will have the necessary experience to reach an agreement that works for you.
Our Debt Defense Lawyer in Fort Lauderdale Can Protect Your Rights
If Alltran Financial has been contacting you or has taken legal action, our Fort Lauderdale debt defense lawyers can help. At Loan Lawyers, our experienced attorneys can negotiate on your behalf and make sure your rights are protected. Call our lawyer now at (954) 523-4357 or contact us online to request a free review of your case and to get more information.
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