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How to Beat Franklin Collection Services

Dena Standley | February 24, 2023

When you beat Franklin Collection Services in court ^^

Summary: Being proactive when dealing with Franklin Collection Service Inc. gives you an edge no matter their collection strategy, and SoloSuit is here to help.

Has Franklin Collection Services Inc., commonly called "FCS," contacted you? It can be a scary experience having a debt sent to collections. What are your rights if Franklin Collection Services goes after you for money, and how far will they go to get paid?

The Fair Debt Collection Practices Act (FDCPA) protects consumers at the federal level, and most states have similar laws. It is empowering to know your rights because, in addition to giving you information, it boosts your confidence. In this article, you will discover a few things, including:

  • Your rights when dealing with Franklin Collection Services
  • Who are Franklin Collection Services?
  • How to deal with them in case of a lawsuit
  • Your negotiating powers

What is Franklin Collection Services

Since 1980, Franklin Service, Inc. has operated out of a 22,000-square-foot facility designed for expansion in Tupelo, Mississippi. As a licensed and bonded collection agency in the United States, they follow up with customers to retrieve debts. Among their services:

  • Credit bureau reporting
  • Collection of mail and phone calls
  • Skip tracing services

Below is the Franklin Collection Services contact information:

Franklin Service, Inc.
2978 West Jackson Street
P.O. Box 3910
Tupelo, MS 38801
Phone: 662-844-7776
Toll-Free: 800-262-7590
Client Services: 877-869-7776

Does Franklin Collection Services have any reviews?

On a scale of A+ to F, Franklin Collection Service Inc. has had an A+ rating from the Better Business Bureau since 2004. Despite the BBB's A+ rating, the company has received 228 complaints. Based on a quick review of those complaints, only 53 complaints were resolved or closed to consumer satisfaction last year.

In addition, the Consumer Financial Protection Bureau has reported more than 1,300 complaints against Franklin Collection Services over the last ten years.

Let’s take a look at a real complaint against FCS from its BBB profile:

“I received a phone call regarding a bill that had been placed with them. I told them that I was willing to work with them, but I requested something to be sent to my home address via US Mail. At this point, the agent became upset and claimed that because she was 'doing me a favor' by offering a discount that she didn't need to send anything through the mail but would email it. When I explained my FDCPA rights to her, she threatened to put this on my credit report and to continue calling until it was resolved. At this point, I told her that if she couldn't follow the FDCPA then she would not be talking to me anymore. I simply want a letter via USPS from them stating the discounted amount owed. It really isn't a discounted amount. All I want is for the equipment charge from DirecTV to be removed since we did return our equipment and now they claim we didn't. Once the equipment charge is removed and I have it in writing, I will begin to resolve the remainder of the debt. Until that happens, I won't. I understand that the first payment I send them before they remove that charge is me agreeing that the entirety of the debt is valid.”

There are several examples of violations of the Federal Debt Collection Practices Act (FDCPA). If you’ve experienced anything similar, knowing your rights can help you protect yourself. Keep reading to learn more.

Know your rights under the FDCPA before responding to Franklin Collection Services

To collect a debt from you, third-party debt collectors must abide by the Fair Debt Collection Practices Act. Knowing your debt rights can save you a lot of headaches and prevent you from paying debts you don't have to pay.

For example, request verification of the debt under Section 1692g of Title 15 of the United States Code. For Franklin Collection Services to verify that this is your debt, you must send them a Debt Validation Letter within 30 days.

Based on the FDCPA rules, here are some things that debt collectors cannot do:

  • Debt collectors cannot call you before 8 a.m. or after 9 p.m.
  • Debt collectors cannot threaten to take legal action that they cannot, or do not plan to, take.
  • Debt collectors cannot pretend to be government agencies or police officers.
  • Debt collectors cannot discuss your debt with anyone but you and your lawyer.
  • Debt collectors cannot lies about or misrepresent who they are.
  • Debt collectors cannot use any abusive, threatening, or vulgar language when discussing your debt with you.

How to deal with Franklin Collection Services in case of a lawsuit

As a last-ditch effort, Franklin Collection Services can sue you for payment. In most cases, debtors don't appear in court and lose by default. A default judgment allows the debt collector to garnish your wages, levy your bank account, or both.

Follow these three steps to respond to a Franklin Collection Services lawsuit:

  1. Answer each claim listed in the Complaint.
  2. Assert your affirmative defenses.
  3. File the Answer in court, and send a copy to Franklin Collection Services.

Below, we’ll explore each of these steps in detail. Alternatively, watch this video to learn more about how to answer a debt lawsuit against FCS:

1. Answer each claim listed in the Complaint

When you receive a Summons and Complaint, you are officially involved in a lawsuit. The Summons lets you know you are being sued, while the Complaint explains why. These documents may have different names in some states, such as a Citation and Petition in Texas.

The Complaint contains several numbered paragraphs that outline the lawsuit. Read the Complaint carefully, don't guess, and Answer each Complaint as follows:

  • It is true, you admit – Example: Say you live in Orange County and work at XYZ Construction. You would admit to that part of the Complaint.
  • It is untrue; you deny it. Example: It is clear to you that you owe a certain amount to the person named, but do not assume that you owe a particular amount, and don't guess!
  • The statement cannot be verified since you lack sufficient knowledge. You might assume a collection agency is licensed and bonded when it files a lawsuit, but you have no proof and have never seen its license.

Most attorneys recommend that you deny as many claims as possible. This forces FCS to prove each of their claims, and if they can’t, there is a chance the case will be dismissed.

Draft and file your Answer online in minutes.

2. Assert your affirmative defenses

Affirmative defenses explain why the plaintiff has no case and are ways to defend yourself from lawsuits. These defenses must be listed in your Answer, and they are one-of-a-kind opportunities, and many online forms are not helpful. But SoloSuit helps with your affirmative defenses.

The statute of limitations is one of the most common defenses used. A statute of limitations is a law that limits a lawsuit's action period. Before making a payment or agreeing to a repayment plan for an old debt, check the statute of limitations to see if you can be sued or if FCS can collect.

You may argue that the debt collector cannot file a lawsuit against you after the legal time limit has expired. Here is SoloSuit’s handy tool for finding the statute of limitations in your state.

Make the right defense the right way with SoloSuit.

3. File the Answer in court, and send a copy to Franklin Collection Services

You are now ready to file your Answer after responding to the Complaint paragraphs and asserting your affirmative defenses. If you do not file your Answer correctly, the document is worthless, just like doing your homework without submitting it.

It's easier with SoloSuit since you don't need to buy a printer or figure out whether you need Priority Mail or Certified Mail. Why? Because you can have SoloSuit review your Answer and file it for you.

Your Summons and Complaint will provide the address of the attorney. How do I find the court address? Good question, most summonses don't include the court's address, and Google may list a different physical address for the court than the mailing address. But SoloSuit handles all of that for you, so your Answer goes where it needs to.

Now, let’s consider an example.

Example: Jane is being sued by Franklin Collection Services for a $2,000 debt in Texas. She uses SoloSuit to respond to the lawsuit. Jane denies the majority of the allegations and asserts her affirmative defenses in her Answer document. As one of her defenses, Jane lists the expired statute of limitations on debt, which is only four years. After a few weeks of waiting, Jane is happy to hear that FCS has dismissed the case.

Offer to settle debt: pay less than the full amount

The strategy can work for you if you prefer a collection account to be settled out of court. Make an offer to Franklin Collection Service with SoloSettle. You can request a lower settlement amount.

Settle with SoloSettle

Make an Offer

After agreeing to a reduced amount, make Franklin Collection Service Inc. confirm in writing that full payment has been received. Please wait until you receive this letter before sending payment because they may accept your payments as partial payments and then continue to pursue you.

Let’s explore another example.

Example: Sue received a debt collection call from Franklin Collection Services regarding a $7,000 debt. She promptly responded with a Debt Validation Letter, and Franklin’s reply was suitable to determine that the debt did belong to Sue. Sue found SoloSuit’s SoloSettle tool and used it to offer to settle the debt for $3,000. Franklin Collection Services countered with an offer to settle for $5,500. Sue’s budget only allowed for a $4,000 settlement, so she countered again, stating that this was the most she could pay. Franklin’s Collection Services knew they would spend more than the $3,000 difference attempting to fight it out in court, so they accepted the settlement amount. Both parties signed the final Debt Settlement Letter, and Sue paid the $4,000–saving $3,000 and avoiding a court battle.

What is SoloSuit?

SoloSuit allows you to respond to a debt lawsuit, send letters to debt collectors, and even settle debts. With SoloSuit's Debt Answer service, you can complete your Answer in a step-by-step web app. Once your document is complete, we'll have an attorney review it and file it for you.

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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