Summary: Is Eastern Account System suing you for a debt? SoloSuit can help you take a stand and win in court.
If you were contacted by a debt collector with Eastern Account System, or you were recently served with a debt collection lawsuit by this debt collector, do not give up hope or raise the white flag of defeat. You have powerful legal rights and statutory protections that can be used to beat Eastern Account System in court.
What is Eastern Account System?
Eastern Account System, Inc., is a debt collection agency based in Danbury, Connecticut. The company generally provides debt collection services to businesses in the following industries:
Healthcare providers and hospitals
Property management companies
Credit card companies
In some instances, this company purchased a debt from a different creditor (i.e. a credit card or loan company). This typically means Eastern Account System paid pennies on the dollar, sometimes 1/10th of the original cost, to purchase the debt in the hopes of recovering some, or all, of the amount owed. So when a consumer pays off a debt in full to Eastern Account System, the company makes a huge profit. This is why you should consider all your options—and rights—before making any payments to Eastern Account System.
Here's everything you should know.
Eastern Account System debt collectors may have violated the FDCPA
The rules and regulations listed in the Fair Debt Collection Practices Act (FDCPA) are designed to help protect you and the general public from being harassed and subjected to unethical collection tactics by overly aggressive debt collectors. If you are being hounded by a debt collector with Eastern Account System, there is a good chance they may have violated a provision of the FDCPA.
The Fair Debt Collection Practices Act (FDCPA) is a federal law establishing what debt collectors can, and cannot, do in their efforts to recover on a debt. For example, the FDCPA states that debt collectors are not allowed to harass debtors or use any unfair means to collect their debt.
Unfortunately, many debt collectors are notorious for ignoring the rules and regulations outlined in the FDCPA. This is why you need to gain an understanding of your rights and protections under this federal law.
Under the FDCPA, Eastern Account System is prohibited from:
Making calls to you while at work if your employer does not allow calls during working hours.
Making calls to you at odd hours.
Talking to another person other than your lawyer or spouse about your debt.
Threatening to arrest you if you fail to pay the debt.
Threatening to seize your property if you fail to pay unless they have a warrant.
Using obscene language and threats against you.
Stating a different amount of the debt other than what you owe.
Making any false allegations about the debt.
If Eastern Account System violates any of these guidelines, you can use it as evidence in your defense in court within one year. The violation does not count as evidence after one year.
A successful ruling may have you compensated for damages. If there is no proof of damages, you may be awarded up to $1,000 and any court and attorney fees reimbursed.
Eastern Account System has received many complaints
If you are frustrated with Eastern Account System, you're not alone. As of 2022, the company has received hundreds of formal complaints. On its BBB profile, Easten Account System has received 148 complaints in the past three years. Even worse, 836 complaints have been filed against Eastern Account System on the Consumer Financial Protection Bureau's complaint database.
These complaints mention several questionable debt collection practices used by Eastern Account System, such as:
Calling friends and families to discuss someone else's debt.
Failing to provide proof of the debt in question.
Reporting incorrect information to the credit bureaus.
Ignoring requests for debt validation.
Failing to notify someone of a collection attempt before reporting to the credit bureaus.
Refusing to remove a negative credit report, even after the consumer paid off the debt.
Let's take a look at a real example.
Example: One consumer, we'll call her Jane, received non-stop calls from Eastern Account System. The calls became so frequent, that eventually the company started to call Jane's mother to discuss the debt with her. Jane reached out to the Eastern Account System through several methods of communication asking for verification of the debt, and the company never responded.
If you feel you have been treated unfairly by Eastern Account System, you should submit a complaint to the Better Business Bureau. If the behavior was a clear violation of the FDCPA, report your experience to the FTC, CFPB, and your state's attorney general.
Get every communication with Eastern Account System in writing
Many debt collection agencies misrepresent information as a tactic to push the debtors into honoring their debts. Some claims are often made through a phone call.
As a result, it is difficult for a debtor or court to hold debt collectors accountable for undocumented claims. You must request the collection company to make every claim in writing. FDCPA requires that official communication from the debt collectors be done through the U.S mail system.
You have a right to ask Eastern Account System to mail you an official communication. If they ignore this request, you may be able to defend yourself in court, citing their lack of response.
Ask Eastern Account System to provide proof of debt
Eastern Account System buys charged-off debts that may have lost track of the details of the debt, especially if the debt has moved from one collector to another. You may challenge Eastern Account System to disclose more information, such as the original creditor, the amount owed, the procedure for disputing the debt, and proof that the debt has not been cleared.
If they do not provide those details within 30 days, you can dispute the debt claims. Eastern Account System cannot pursue your case and use any debt collection tactics against you until they provide the requested information.
If they ignore your request and go ahead with filing a lawsuit, you can file a small claim action against them in a state court. You will need to provide the following evidence for your case:
A mailed letter to Eastern Account System requesting the information.
Proof that the letter was delivered to Eastern Account System and received.
Failure by Eastern Account System to provide the information within the stipulated 30 days.
Respond to a debt lawsuit against Eastern Account System
If Eastern Account System is suing you for a debt, you should have received some legal documents in the mail called the court Summons and Complaint. The Summons notifies you of the lawsuit, and the Complaint lists the specific claims that Eastern Account System is making against you. The first step to winning your case is to respond to the Summons and Complaint by filing a written Answer. Here's how.
Follow these three steps to respond to a debt lawsuit against Eastern Account System:
Answer each claim listed in the Complaint document: The first and most important section of your Answer should focus on responding to the claims listed in the Complaint document. You can admit, deny, or deny due to lack of knowledge. Most attorneys recommend denying as many claims as possible.
Assert your affirmative defenses: An affirmative defense is any legal reason that Eastern Account System's case in inavlid. A common affirmative defense to mention in a debt lawsuit case is the statute of limitations on debt. If the statute of limitations on a debt has passed, the Eastern Account System cannot sue you for the debt. There are several other affirmative defenses you can bring up to strengthen your side of the case.
File the Answer with the court, and send a copy to Eastern Account System: After you've drafted your Answer, you should file it within the court's deadline. The deadline to respond to a debt lawsuit is anywhere from 14-35 days, depending on which state you live in. Make a copy of the Answer and send it, via USPS certified mail, to the attorneys representing Eastern Account System.
To learn more about these three steps, check out this video:
What to do if you are sued by Eastern Account System
We've covered a lot here, but here's a quick overview of what to do if you get sued by Eastern Account System and how you can beat them in court:
Take careful notes when you receive phone calls before 8:00 am or after 9:00 pm. Debt collectors are prohibited from calling you before or after regular business hours. They also cannot call you at work or use foul language.
Be sure to file an Answer to the debt collection lawsuit within the proper time frame.
In the Answer, you should consider raising at least one affirmative defense, such as the company violated the FDCPA. Also, demand that ERSolutions prove that you owe the amount they say. They also need to prove you are the person who owes the debt.
Consider filing a counterclaim if you think they violated the FDCPA.
These are effective methods for how to beat Eastern Account System in court.
What is SoloSuit?
SoloSuit makes it easy to fight debt collectors.
You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.
SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.
Respond with SoloSuit
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