How to Beat RS Clark and Associates

Dena Standley | March 06, 2023

Legal Expert, Paralegal
Dena Standley, BA

Dena Standley is a seasoned paralegal with more than 20 years of experience in legal research and writing, having received a certification as a Legal Assistant/Paralegal from Southern Technical College.

Edited by Hannah Locklear

Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

When you beat RS Clark & Associates in court ^^

Summary: RS Clark & Associates is an aggressive debt collection agency dedicated to collecting on debts no matter what it takes. If you are being sued by RS Clark & Associates, use SoloSuit to draft and file a response. In your Answer document, respond to all the claims against you and assert your affirmative defenses to increase your chances of winning the case.

“Turn bad debt into profit” is the slogan RS Clark and Associates use to entice companies to work with them. They promise clients they will succeed in getting their outstanding debt from consumers without risking the business. In fact, RS assures clients that it will help them concentrate on their business development instead of delinquent accounts.

No wonder you are receiving multiple calls a day, or countless emails, from RS Clark and Associates. They will not relent until you clear your debt or, at least, offer to make a debt settlement. Adversely, if you ignore their attempts to collect, they enter your debt on your credit report and may eventually sue you.

If any of these scenarios have happened to you, do not despair. This article will give you action items to help you beat RS Clark and Associates, regardless of where you’re at in the debt collections process.

What is RS Clark and Associates, and how does it work?

Founded in 1998, RS Clark and Associates is primarily a debt collection agency but also doubles up as a credit reporting agency based in Dallas, Texas. It are not accredited by the Better Business Bureau (BBB), but it does a B rating on its profile.

More often, RS doesn't buy old debt but actively helps clients get their money and receives a percentage of whatever is collected in the end. Companies trust RS Clark and Associates because it does not charge upfront fees for services, putting RS of its competitors.

Below is RS Clark and Associates’ phone number, address and other contact information:

Physical Address:
RS Clark & Associates
12990 Pandora, Suite 150
Dallas, Texas 75238
Telephone: 877.532.6133
Website: http://www.rsclark.com/

RS Clark and Associates has received many complaints

Despite having an affiliation with the three major credit reporting agencies, RS Clark and Associates has had numerous complaints filed against it. As of 2022, the Better Business Bureau has received 60 complaints against RS Clark & Associates in the most recent three-year period. Similarly, the Consumer Financial Protection Bureau (CFPB) reported over 300 complaints against RS in the last ten years.

These complaints range from entering the wrong debt to a consumer's credit report, talking to rude agents, failing to respond to a Debt Validation Letter, and deceiving consumers. Here is an example of a complaint against RS Clark and Associates from its BBB profile:

“I dispute the debt for Lloyd B**** MD because it needs to be removed from my Equifax report. RS Clark removed this same debt from my TransUnion report and should follow through with this. It cannot be reported because it is a medical bill under $250. Also, I was harassed, verbally abused, and my rights violated by the rep who took my call. There were many FDCPA violations on that call, and they didn't care.”

And another complaint from the CFPB complaint database:

“I have requested debt validation which has not been provided to me. Since RS Clark has failed to provide proof that this debt is mine or that they even have the authority to collect the said debt, I would like for them to remove this account from my credit report.”

The example above can be your way of beating RS Clark & Associates, Inc. Why? Sending a Debt Validation Letter throws some debt collectors off balance because they sometimes do not have the debt details. If they cannot prove the debt is yours or the amount is accurate, they will have violated your rights if they continue to contact you, report the debt, or sue you.

Check out this video to learn more about how a Debt Validation Letter can help you beat debt collectors like RS Clark and Associates:

Exercise your rights when RS Clark and Associates Contacts you

RS Clark and Associates is not above the law despite its high standing within the corporate world. The Fair Debt Collection Practices Act (FDCPA), enacted in 1977, protects consumers from mistreatment and harassment by debt collectors.

When consumers complain about a collection agency, the company must rectify its mistake or suffer the consequences, including paying the debtor non-economic damages or forgiving the debt. FDCPA guidelines state that RS Clark and Associates should not:

Call you to discuss a debt before 8 a.m. or after 9 p.m.
Tell your family, friend, or colleagues about your debt
Ignore your Debt Validation Letter
Threaten to report you to law enforcement
Report a wrong debt on your credit report
Fail to identify themselves when they contact you

If RS Clark and Associates violate these rights, submit a complaint against them on their BBB profile and CFPB website. You can also report them to the Fair Trade Commission website and your state’s attorney general's office.

Respond to a lawsuit against RS Clark and Associates

Oh no! That may have been your first response when you received a lawsuit from RS Clark & Associates. Indeed, it is terrifying to think you will have to argue your case with a big company that has vast resources at its disposal.

But it may surprise you that RS, like all other collection agencies, does not like the court process. Additionally, you still have a good chance of receiving a favorable judgment if you use the following steps in responding to the suit:

Answer each claim listed in the Complaint.
Assert your affirmative defenses.
File the Answer in court, and send a copy to RS Clark and Associates.

Below, we will break down each of these steps in detail. Don’t like reading? Check out this video instead:

1. Answer each claim listed in the Complaint

In the lawsuit you receive, you'll see a Complaint document that lists all of RS's allegations against you. The law requires you to respond to these claims with either of these three phrases:

Admit: This response means that you agree to RS's claim against you and do not dispute it.
Deny: This response forces RS to prove that each claim is factual.
Deny due to lack of knowledge: This phrase means you cannot admit or deny entirely because you do not have all the information to make an informed decision.

To avoid destroying all your chances of receiving a favorable judgment, do not admit to all the claims. Rather, deny some claims so RS can have the burden of proving their case. Some collectors withdraw the lawsuit due to a lack of evidence or ask you to settle at a lower amount.

Let’s consider an example.

Example: Jennifer was sued by RS Clark and Associates for a debt she didn’t recognize. She used SoloSuit to draft and file an Answer to the lawsuit. In her Answer document, Jennifer denied all the claims against her. Since RS Clark and Associates didn’t have the necessary documentation and evidence to prove all their claims, they decided to drop the case.

Respond to your debt collection lawsuit in minutes online.

2. Assert your affirmative defenses

This section allows you to build your case by explaining why you are not responsible for the debt. It also allows you to state why you should not pay the whole or part of the debt. The affirmative defenses that a judge accepts as valid include:

The statute of limitations for the debt in question has passed.
The debt information, including your name, is incorrect.
RS Clark & Associates has no legal standing to ask for the money because they haven't proved the creditor hired them to follow up on it.
RS Clark & Associates has not cited any law or statute violated.
RS Clark & Associates violated your consumer rights.

Notably, saying you do not have the money is not an affirmative defense that can stand in court.

Let’s take a look at another example.

Example: Julie is being sued by RS Clark and Associates for an old debt in North Carolina. After doing some research online, she finds out that the statute of limitations on credit card debt is only three years in North Carolina. Since Julie hasn’t been active on the debt account in a little over three years, RS Clark and Associates does not have the legal standing to sue. She uses SoloSuit to draft and file an Answer where she asserts the expired statute of limitations as one of her affirmative defenses. After a few weeks, the court dismisses the case.

Make the right affirmative defense the right way with SoloSuit.

3. File the Answer in court, and send a copy to RS Clark and Associates

Every state has a deadline for the defendant to send their Answer; it ranges from 14–35 days across all states. To that effect, find the mailing address or court location and send the Answer before the set date. Otherwise, RS may receive a judgment in their favor.

The most convenient method is to send via certified mail (you’ll receive a delivery receipt) or physically take it to the courthouse. In addition, send a copy to RS lawyers and keep a copy in your records.

SoloSuit can draft and file your Answer for you in all 50 states.

Settle your debt with RS Clark and Associates

If you know the debt is genuinely yours, you can request RS Clark and Associates to settle out of court. SoloSettle makes it easy to negotiate a debt settlement and reach an agreement with debt collectors.

Keep in mind that many creditors and debt collectors are willing to settle for less than the original debt amount. So, if you know you owe the debt and are in a position to pay some of it off, settlement might not be a bad route to take.

Check out this video to to learn tips and tricks on how to settle debt with RS Clark and Associates:

Settle with SoloSettle

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What is SoloSuit?

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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.

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>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate