Dena Standley | March 06, 2023
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.
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:
RS Clark & Associates
12990 Pandora, Suite 150
Dallas, Texas 75238
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:
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:
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.
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:
Below, we will break down each of these steps in detail. Don’t like reading? Check out this video instead:
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:
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.
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:
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.
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.
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:
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.
You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now or are just looking for support, we're here for you.
Here's a list of guides for other states.
Being sued by a different debt collector? Were making guides on how to beat each one.
Is your credit card company suing you? Learn how you can beat each one.
Need more info on statutes of limitations? Read our 50-state guide.
Need help managing your finances? Check out these resources.