January 29, 2021
Summary: If you've been sued for a debt by American Recovery Service, use SoloSuit to respond in just 15 minutes and win your lawsuit.
Receiving repeated phone calls and threatening letters from a debt collection company like American Recovery Service likely means you are feeling stressed out and anxious about your financial future. This is understandable. Most people do not expect to receive harassing phone calls and letters from an intimidating and overly aggressive debt collection company.
If you find yourself in this situation, do not succumb to the harassment. It is important to remember that you have legal rights and protections when it comes to dealing with a debt collector like American Recovery Service. There are also certain defenses you can raise if American Recovery Service has sued you to try and collect on an alleged delinquent debt. These affirmative defenses could position you to prevail over the debt collector in court.
Many people are shocked when they are served with a lawsuit and see the plaintiff is listed as “American Recovery Service.” The surprise is likely based on the fact that they have never heard of this debt collection company and have no memory of making a purchase or taking out a loan with American Recovery Service. If you have no idea who or what American Recovery Service is, you are not alone. To help provide some insight into this debt collection company, here is some general info on their operation:
American Recovery Service is a debt collection company based in California. The company was formed in 1986 and specializes in issuing demand letters and debt collection. Since its inception, American Recovery Service has developed a reputation as an aggressive debt collector using highly questionable and disturbing tactics to collect debts. For example, American Recovery Service has been sued multiple times by consumers for alleged violations of the Fair Debt Collection Practices Act.
Below is a general overview of some of the highly questionable and troubling tactics used by debt collectors working on behalf of American Recovery Service when contacting consumers:
If you were contacted by American Recovery Service and were subjected to some, or all, of these questionable tactics, you may be able to take legal action against the company and obtain monetary damages.
As mentioned earlier, consumers have the ability to turn the proverbial table and take legal action against a debt collector. The statutory mechanism affording consumers the ability to initiate legal action is the Fair Debt Collection Practices Act (FDCPA). The FDCPA is a federal law enacted in 1977 with the objective of protecting consumers from being harassed and threatened by debt collectors who were using abusive and unethical tactics to try and extract payments for delinquent debts. Under the FDCPA, a consumer possesses the following rights and legal protections:
If you are sued by American Recovery Service, you probably want insight and advice on how to prevail in court. Fortunately, there are certain actions you can take to position yourself for victory in court. For example, simply responding to the Complaint will set you apart from most consumers.
Debt collection lawsuits generally begin when the debt collector (i.e. American Recovery Service) filing a formal Summons and Complaint alleging you owe a specific amount of money (i.e. the unpaid debt). The vast majority of consumers opt to ignore the Complaint and do nothing. This is a big mistake since it means American Recovery Service will simply file a motion requesting the Court enter a default judgment against you. If the Court grants the default judgment, American Recovery Service will be empowered to take the following actions against you:
Do not let this happen to you. Take action and file a formal response to the Complaint. In your response, take the time to highlight some of the glaring deficiencies and shortcomings in American Recovery Service's lawsuit. For example, you should request that American Recovery Service produce evidence (e.g., documents) showing the following basic information:
Requesting evidence to establish these basic facts is important because it is not uncommon for these large debt collection companies to sue the wrong person or to lack basic financial documents that show you actually owe the alleged debt.
If applicable, you should also consider the expiration of the statute of limitations as an affirmative defense. The statute of limitations is essentially the amount of time someone has to take legal action against another person or company. If the facts of your case indicate that American Recovery Service filed a lawsuit after the expiration of the statute of limitations, you could file a motion to have the debt collection lawsuit dismissed. SoloSuit can help you navigate this process and in completing the necessary documents that should be filed with the court.
SoloSuit makes it easy to respond to a debt collection lawsuit.
How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.
"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James
Here is a general summary of what to do if you are sued by a debt collection company like American Recovery Service:
Here's a list of guides for other states.
Being sued by a different debt collector? We're making guides on how to beat each one.
Need more info on statutes of limitations? Read our 50-state guide.
Need help managing your finances? Check out these resources.