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How to Beat ERC Collections

George Simons | October 19, 2022

When you beat ERC Collections ^^

Summary: Is ERC Collections suing you for a debt? SoloSuit can help you take a stand and win in court.

Being intimidated and harassed by a debt collector from ERC Collections is understandably stressful, disrespectful, and inappropriate. Unfortunately, making empty threats and pestering people incessantly is typically how debt collectors do business. It is quite common to hear stories about debt collectors being overly aggressive, rude, and outright misleading people in an effort to get them to pay back a debt.

If you are being subjected to this type of harassment, do not give up hope. You have legal options and tools available that can help you beat ERC Collections in court.

What is ERC Collections?

The acronym “ERC” stands for Enhanced Recovery Company. This limited liability company was founded in 2001 (though it waited until 2010 to fully incorporate). ERC describes itself as a “collection agency and market research company.” It is important to note that ERC utilizes an alternate business name, Enhanced Resource Centers.

ERC typically works at the behest of different creditors. ERC has creditor clients in such industries as banks, credit unions, financial service providers, cable television service providers, telecommunications, utility service providers, and student loan companies.

ERC's annual revenue is estimated to be around $102 million, and it has close to 2,500 employees across various parts of the country.

ERC Collections has received many complaints

The Better Business Bureau (BBB) has received more than 1,000 complaints from consumers across the country concerning the inappropriate and disturbing conduct of ERC debt collectors. In addition to complaints filed with the BBB, consumers have filed a shockingly-large number of complaints with the Federal Consumer Financial Protection Bureau (CFPB). In fact, the CFPB has received more than 11,000 complaints involving ERC Collections since 2013.

These complaints report the following actions by ERC Collections:

  • Failing to properly validate a debt.
  • Reporting fraudulent debts to the credit bureaus.
  • Contacting consumers' relatives about the debt in question.
  • Failing to clear a negative credit report after reaching a settlement.
  • Ignoring requests to stop calling.
  • Calling consumers at their workplace.

Many of these actions are considered violations of the Fair Debt Collection Practices Act (FDCPA). As a consumer, it's important to learn about your rights so you know how to protect yourself from ERC's unethical collection tactics.

Know your rights when ERC Collections contacts you about a debt

ERC Collectionsis known for attempting aggressive tactics against people who are unaware of their legal rights under the Fair Debt Collection Practices Act. The FDCPA states guidelines and rules that dictate how debt collectors can act. Some of the restrictions on companies such as ERC Collectionsinclude:

  • Debt collectors can never contact you when you are working.
  • Debt collectors cannot use rude or vulgar language when talking to you on the phone or in emails or texts.
  • Debt collectors are not allowed to threaten lawsuits.
  • Debt collectors cannot contact you before eight in the morning or after nine at night.

If you are a victim of any of these actions, you can submit a complaint to the BBB and report it to the FTC, CFPB, and your state's attorney general.

Here's what to do when contacted by ERC CollectionsStrategies

If ERC CollectionsStrategies contacts you via phone, email, social media, etc. regarding a delinquent account or other debt, make sure to document every interaction. You should also make copies of every piece of correspondence that you receive from this debt collection company and every piece of correspondence you send in return.

Before you agree to making any payments, it's a good idea to request a debt validation by sending a Debt Validation Letter to ERC Collections. ERC Collections must validate the debt with the following information:

  • The amount of the debt.
  • The name of the creditor.
  • The collector will assume the debt is valid unless the consumer sends them a Debt Validation Letter within 30 days.
  • If you send the collector a Debt Validation Letter they will need to mail you validation of the debt.
  • If you send them a Debt Validation Letter they will need to mail you the name and address of the original creditor.

If ERC Collections cannot provide this information, they must cease collection efforts until they can properly validate the debt.

Regardless of whether you actually owe the debt that ERC is trying to collect, it is important to remember you have specific rights intended to protect you from harassing behavior by debt collectors. One of those protections includes not being harassed by a debt collector with ERC CollectionsStrategies.

Defend yourself in a debt lawsuit against ERC Collections

If ERC Collections decides to file a debt collection lawsuit against you, you can save the money and stress of finding an attorney to represent you. Represent yourself with the help of SoloSuit.

The first step to beating ERC Collections in court is to file a written Answer to the case in court. It's best to be bold and aggressive in your response and to ensure it is filed on time. Why? Because members of ERC Collections generally expect consumers to ignore the lawsuit and throw it in the garbage. This is understandable, but it only means that the debt collector wins without a fight. Don't make this mistake because there are options on the table to beat debt collectors like a drum, if you know what to do.

Follow these three steps when you Answer a debt lawsuit against ERC Collections:

  1. Answer each claim listed in the Complaint, and deny as many as possible.
  2. Assert your affirmative defenses.
  3. File the Answer with the court, and send a copy to ERC Collections.

Now, let's take a closer look at these three steps.

Answer each claim listed in the Complaint

The Complaint document usually includes a list of all the allegations that ERC Collections is making against you. In your Answer, you should include a list of responses to each allegation from the Complaint. Use one of the following responses for each claim:

  • Admit.
  • Deny.
  • Deny due to lack of knowledge.

Most attorneys say it's best to deny as many allegations as possible. This forces ERC Collections to do the work to prove their claims against you. If ERC doesn't have the proper documentation to prove their case, the lawsuit will likely be dismissed.

Use SoloSuit's Answer form to respond to your debt lawsuit—for free!

Use effective affirmative defenses in your Answer

When you respond to the debt collection lawsuit, you have the chance to torpedo ERC's legal arguments if you have the knowledge of debt collection tactics and laws. Also, remember that the company must prove that you are the person who owes the debt and owe the alleged amount. This means ERC Collections is obligated to prove the following:

  • ERC Collections retains the right under federal and/or state law to actually file suit against you.
  • They must verify that you are actually the person who owes the debt.
  • You owe the money listed by ERC Collections in the complaint filed in court.

Depending on the facts of your case, you might argue that ERC Collections did not file the suit within the required statute of limitations. The statute of limitations states that a lawsuit must be filed within a given timeframe.

If the case facts show that ERC Collections sued you for debts where the statute of limitations lapsed, you may file a motion to have the suit dismissed with prejudice.

Also, think about filing a countersuit against ERC Collections, if you have evidence that proves ERC Collections violated the FDCPA when they contacted you to repay a debt. If you possess proof that ERC Collections violated this law, you may be eligible to pursue compensatory damages. They may have to pay your attorney fees, too. .

Assert your affirmative defenses with SoloSuit's help.

File your Answer with the court, and send a copy to ERC

After you've drafted your Answer with your responses and affirmative defenses, you're ready to submit it to the court. Make sure to file your Answer before the deadline, which is 14-35 days depending on which state you live.

Make a copy of the Answer, and send it to the attorneys representing ERC Collections. Their address should be listed on the court documents that notified you of the case. Send the copy of the Answer via USPS certified mail with a return receipt request. This will serve as proof that you sent it properly.

SoloSuit can help you file your Answer in all 50 states.

Overview of actions to take if ERC Collections sues you

Here's a quick recap of actions to take if ERC Collections sues you:

  • Know your rights under the FDCPA.
  • Write down any telephone call details if they call you before 8 am or after 9 pm. Also, write down if they contact you at work and/or use abusive and threatening language.
  • Send a Debt Validation Letter.
  • Represent yourself in court by filing a written Answer to the case.
  • Respond to reach claim from the Complaint.
  • Assert your affirmative defenses.
  • File the Answer before the deadline, and send a copy to ERC Collections.

Good luck!

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

"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

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