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How to Beat SIMM Associates

Sarah Edwards | August 17, 2022

When you beat SIMM Associates in court ^^

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

If your phone's been ringing off the hook with debt collection calls, know that you're not alone. According to the Consumer Financial Protection Board (CFPB), roughly one out of four Americans receives a debt collection call at some point in their lives.

That includes debt collection companies like SIMM Associates, a collections agency based out of Newark, Delaware. If you've been contacted by SIMM Associates, you need a game plan. Here's how to beat SIMM Associates if they call or take you to court.

Is SIMM Associates a scam or legit?

SIMM Associates is a legitimate, third-party collections service. Established in 1991, SIMM Associates serves as a collector for retail, e-commerce, telesales, student lending, consumer lending, credit/retail card, healthcare, auto finance, credit union and debt buying industries.

Yes, SIMM Associates is legit, but they may contact you from at least two different numbers:

  • 1-800-864-6033
  • 1-302-283-2800

If you need to contact SIMM Associates via mail, use this address:

Address:
800 Pencader Dr.
Newark, DE 19702

SIMM Associates has received many complaints

If you're feeling frustrated with SIMM Associates, you're not alone. As of 2022, SIMM Associates has received 146 complaints on its BBB profile in a three-year period. Even worse, the Consumer Financial Protection Bureau reported 342 complaints against SIMM Associates in the last ten years.

These complaints accused SIMM Associates of aggressive and even threatening tactics when it comes to debt collection calls. That's why you need a clear plan for how to handle SIMM Associates.

Let's take a look at a real complaint against SIMM.

“I was called about a debt and I was given this message, 18554503456 Deposited a new message: "This messages from SIMM associates, a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Please contact us at 8554503456. During the hours of eight a.m. To nine p.m. Monday through friday or saturday. eight a.m. To noon. Eastern Standard time. You can also access our consumer portal on our homepage at www W dot sim Associates dot com. Using your sim number 1744 2832" I called and was greeted by a very rude woman to whom I informed that I had no outstanding debts that needed a collection agency's involvement and I asked to not receive further contact. She asked for my personal information to which I expressly declined. She then angrily said that I would continue to receive calls and then abruptly hung up.”

SIMM Associates has been known to violate the Fair Debt Collection Practices Act (FDCPA), which protects consumers from abusive debt collection practices. Knowing your rights can help you defend yourself if SIMM Associates treats you unfairly.

Report SIMM Associates when they violate the FDCPA

As a consumer, you have rights. The FDCPA has standards that govern the conduct of collection agencies like SIMM Associates. Collection agencies are forbidden from:

  • Contacting you multiple times per day.
  • Contacting you prior to 8:00 a.m. or after 9:00 p.m.
  • Contacting you after receiving a cease-and-desist notice.
  • Contacting your family, friends, or coworkers regarding your debt.
  • Refusing to provide validation for your debt.

If SIMM Associates ever violates any of these terms, report them immediately. You can report them using the FTC online platfor, or by calling them at 877-382-4357. Additionally, you can report them to the CFPB, using their website, or by calling 855-411-2372.

Send a Debt Validation Letter

Start by gathering information on your debt. Send them a Debt Validation Letter through the mail. In return, they'll send a document that records information such as the balance of your debt and information about the original creditor.

Remember: failing to validate your debt is a violation of the guidelines listed above, which means they can't keep calling you without providing this information.

Stop the calls from SIMM Associates

Debt collectors may no longer contact you once you send a cease-and-desist letter asking them to stop. Here's a tip: send the letter through certified mail so that you have a record that they've received it. After that, SIMM Associates may contact you one final time to discuss next steps, but they may not contact you after that.

Ask to pay the original creditor

Naturally, the easiest solution is to repay the debt. Once you know that SIMM Associates is on your case, contact your original creditor. You may be able to work out a payment plan that avoids the frustration and embarrassment of dealing with a collection agency, while also putting yourself on the road to restoring your credit.

Respond to a debt lawsuit against SIMM Associates

It's not unheard of for collection agencies to take debtors to court to reclaim the money they owe. If this happens to you, you'll have to respond quickly. Typically, you have 14-35 days to respond to a debt collections lawsuit, depending on which state you live in. If you don't respond within the deadline, you will most likely lost by default. This gives SIMM Associates the right to garnish your wages or even seize your property.

The first step to beating SIMM Associates in court is to file a written Answer. Here's how.

Follow these six tips to draft your Answer:

  1. The Answer isn't the place to tell your side of the story in detail. Instead of using an elaborate story to respond to the lawsuit, your Answer should focus on responding to the claims listed in the Complaint document. Keep it simple. You can admit, deny, or deny due to lack of knowledge.
  2. Deny, deny, deny. Most attorneys recommend that you deny as many claims as possible, forcing SIMM Associates to do more work to prove their side of the case.
  3. Include affirmative defenses. These are any legal reasons that SIMM Associates should not win the case. A common affirmative defense used in debt lawsuits is the statute of limitations, which is the time period that a debt collector has to sue someone for a debt. If the debt is past the statute of limitations, then the lawsuit is void.
  4. Use standard formatting or “style”. At the head of the Answer document, be sure to include a caption where you list the court information, party information, and case number.
  5. Include a certificate of service. It's important to serve your Answer to SIMM Associates. At the end of your Answer document, include a certificate of service when you verify the address you used to serve SIMM Associates the Answer.
  6. Sign it. Most courts reject any legal documents without signatures, which is why this last step is so crucial.

In many cases, filing an Answer will stop the lawsuit from proceeding further. Sometimes, the collection agency may drop it altogether, especially if they don't have the evidence they need to prove in court that you owe the debt.

SoloSuit can help you draft and file an Answer in all 50 states.

Learn more about these six tips in this video:

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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