How to Beat Wakefield and Associates

George Simons | September 12, 2023

Co-Founder of SoloSuit
George Simons, JD/MBA

George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.

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.

Fact-checked by Patrick Austin, J.D.

Attorney from George Mason
Patrick Austin, JD

Patrick Austin is a licensed attorney with a background in data privacy and information security law. Patrick received his law degree at George Mason University's Antonin Scalia Law School, where he served as the Editor-in-Chief for the National Security Law Journal.

Summary:

Getting harassed by a debt collector affiliated with Wakefield and Associates is oftentimes stressful and anxiety-inducing. Why? Because it is quite common for Wakefield and Associates, along with other debt collection agencies, will routinely utilize inappropriate and unethical tactics to try and compel you to pay what is allegedly owed.

For example, debt collectors with Wakefield and Associates are likely to call you constantly on the phone from several numbers. They may also try to intimidate you on social media, send nasty letters, and other questionable methods.

If you are being subjected to harassing behavior by Wakefield and Associates, it is important to understand that you do not have to put up with such behavior and threats. You have rights and protections pursuant to the Fair Debt Collection Practices Act, along with other laws.

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What is Wakefield and Associates and how does it operate?

Wakefield and Associates is a debt collection agency that focuses on collecting debt for organizations within various sectors of the economy, including financial institutions, educational institutions, and hospitals.

One trick they use is to operate under a variety of different names. For example, you may see “Wakefield Payment Solutions” on your credit report. Other names Wakefield and Associates will use to conduct business and attempt to collect on delinquent accounts include the following: Wakeassoc, Wakefield Associates, Wakefield RRC, Wakefield Collections, and so forth.

If you regularly receive rude phone calls and letters from Wakefield and Associates regarding an unpaid debt, or have already been served with a debt collection lawsuit by Wakefield and Associates, do not panic. There are specific ways to respond to the debt collector, and multiple defenses you could potentially raise to combat the debt collection lawsuit.

Below is the Wakefield and Associates phone number and other contact information:

Colorado phone number: 1-800-864-3870
Tennessee phone number: 1-800-264-9399
Address: 7005 Middlebrook Pike, Knoxville, TN 37909

Who does Wakefield and Associates collect for?

Wakefield and Associates typically collects for companies in the healthcare industry. More specifically, Wakefield and Associates collects for hospitals, ER and physicians groups, ASCs, groun and air medical transport facilities, behavioral health centers, and more.

Wakefield & Associates has received many complaints

If you're feeling frustrated by Wakefield and Associates, you're not alone.

Wakefield & Associates has received hundreds of complaints on its BBB profile. Even worse, the Consumer Financial Protection Bureau reported thousands of complaints against Wakefield & Associates. Most consumer complaints are about inaccurate reporting, harassment, or failure to verify a debt. If you find yourself facing any of these situations with a debt collection agency, you should also consider filing a complaint.

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

“Wakefield and Associates placed a debt into collections on my account back in 3/12/22. For a total of $268. I was only recently made aware of this when I looked my credit score up this month. I have no knowledge of the original creditor company Sapientes II. Looking online says its a known scam company. I never received anything about owing anyone money. Nor have I ever owed/ paid them any money. This debt is not real. Wakefield and Associates is trying to scam money from me with the help from Sapientes II.”

Knowing your rights can help you protect yourself from abusive debt collection practices used by Wakefield & Associates.

Know your rights when Wakefield and Associates contacts you

Wakefield and Associates is a well-known debt collection agency that is notorious for trying to take advantage of consumers who may not be fully aware of their legal rights under the Fair Debt Collection Practices Act. The FDCPA is a federal law passed by Congress in 1977 specifically for the purpose of curbing abusive tactics used by debt collectors. The FDCPA features a number of rules and regulations that stipulate what debt collectors can and cannot do when attempting to recover on a debt. Some of the restrictions codified in the FDCPA concerning debt collector tactics include:

A Wakefield and Associates debt collector is not allowed to call you when you are at work.
A Wakefield and Associates debt collector may not use rude or offensive words when they talk to you by phone or in letters.
A Wakefield and Associates debt collector may not threaten legal action.
A Wakefield and Associates debt collector is not allowed to call you before 8 a.m. or after 9 p.m.

Defend yourself if Wakefield and Associates sues you

When you answer the debt collection lawsuit, you have a chance to point out some of the deficiencies in the Complaint filed by Wakefield and Associates. Also, keep in mind that the debt collector must prove that you owe the debt. This means the company must affirmatively prove the following in order to get a judgment against you:

The company has the right to sue you.
You are the person who incurred the debt.
You owe the sum that is listed in the complaint.

If Wakefield and Associates cannot produce sufficient evidence to meet the above-described prerequisites, there is a strong chance you can win in court. You may even be able to get the debt collection lawsuit tossed out of court.

Depending on your case particulars, you could say that the company didn't file before the statute of limitations expired. The statute of limitations is how much time a person has to file suit against someone else.

If your case suggests that Wakefield and Associates sued you when the statute of limitations lapsed, you might file a motion for dismissal with prejudice.

You also might consider filing a countersuit. If you can show that the firm was in violation of the FDCPA, you may be entitled to compensatory damages. You could even get reimbursement of your legal fees.

Respond to a debt lawsuit against Wakefield and Associates

The first step to beating Wakefield and Associates in court is to respond to the lawsuit by filing a written Answer. Here's how.

Follow these three steps to Answer a debt lawsuit against Wakefield and Associates:

Answer each claim listed in the Complaint document. When you're sued for a debt, you should receive a Summons and Complaint document notifying you of the lawsuit. In your Answer, the most important thing to do is respond to each claim listed in the Complaint document. You can admit, deny, or deny due to lack of knowledge. Keep in mind that most attorneys recommend denying as many claims as possible, which forces Wakefield and Associates to prove its claims. If they can't prove everything, they might just drop the case altogether.

Assert your affirmative defenses. An affirmative defense is any legal reason that Wakefield and Associates shouldn't win the case. You can bring up several affirmative defenses in your Answer, but if you don't assert them in your initial response to the lawsuit, you can't bring them up later on in the case. This is why it's so important to include your affirmative defenses in your Answer. For example, the statute of limitations is a common affirmative defense used in debt collection lawsuits.

File your Answer with the court, and send a copy to Wakefield and Associates. You have 14-35 days to file the Answer before a default judgment will be entered against you. If this happens, Wakefield and Associates can garnish your wages and put liens on your properties. You can send the Answer to the court via mail, drop it off in person, or file it electronically (this option is only available in some courts). After you've filed the Answer in court, make a copy and send it to Wakefield and Associates. Make sure to request a return receipt, so you have proof that you sent it.

To learn more about these three steps, check out this video:

Settle your debt with Wakefield and Associates

Do you want to pay off your debt, but you don't have the funds to pay off the entire thing? Debt settlement might be a good option for you.

Debt settlement typically involves paying off a portion of your total debt to clear your name of the debt and get your debt lawsuit dismissed. If you're experiencing unexpected financial hardship, most creditors and debt collectors are willing to work with you, whether that's settling for a smaller, lump-sum payment or working out a payment plan that works with your budget.

If debt settlement sounds like the right option, determine how much you can afford to pay and start communicating with Wakefield and Associates. The more you offer in a settlement, the more likely the company will accept it.

Generally, offering at least 60% of the debt’s total value is a good starting point. However, if you have extenuating circumstances, the company may entertain a lower amount. Keep in mind that you may go back and forth with Wakefield and Associates before you reach a deal.

Note: Even if you plan to settle your debt, it’s important to file an Answer in your case. This will block a default judgment and buy you time to negotiate debt settlement. Plus, many creditors and debt collectors are more likely to accept a settlement if they know you are willing and prepared to fight the case in court.

Not sure how to negotiate a debt settlement? Watch the following video to learn more about how to settle a debt with Wakefield and Associates:

SoloSettle, powered by SoloSuit, is a tech-based approach to debt settlement. Our software helps you send and receive settlement offers until you reach an agreement with the collector. Once an agreement is reached, we’ll help you manage the settlement documentation and transfer your payment to the creditor or debt collector, helping you keep your financial information private and secure.

Now, let’s take a look at an example of debt settlement with Wakefield and Associates.

Example: When Robert falls behind on his monthly medical bills, Wakefield and Associates contacts him. He doesn't have the money to pay off his debts, and he is struggling with health challenges on top it all. When Robert gets sued for the debt, he uses SoloSuit to respond to the case to buy himself some time to work out a plan. Next, Robert sends an offer to settle the debt with th help of SoloSettle. After a few rounds of negotiations, Robert gets set up on a payment plan that works with his current income. After a few months, his debt is settled.

Overview - What To Do If You Go To Court

Here are the basics of what to do if you are served with a debt collection lawsuit filed by Wakefield and Associates:

Note if the collection agency calls you before 8 a.m. or after 9 p.m. Also, write down if they call you at work or use rude or offensive language.
Be sure to file the Answer within the proper time frame that the court states.
In the Answer, consider raising one, or more, of the defenses mentioned above, such as the statute of limitations.
Remember, the debt collection agency must prove you owe the debt and that you are the one who owes the money.
Consider filing a countersuit if the debt collection agency violated the consumer protections afforded under the FDCPA.

Debt collection agencies like Wakefield and Associates often rely on making threats or false promises in the hopes of wearing you down and getting you to agree to repayment. Do not raise the white flag of dedeat. With thought and foresight, you can often prevail against a debt collector in court.

Best of luck!

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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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