Summary: Is DNF Associates, LLC suing you for a debt? SoloSuit can help you take a stand and win in court.
Being contacted by a debt collection agency is an unpleasant experience that everyone would rather avoid. It can result in a constant stream of phone calls throughout the day telling you to make a payment for bills you cannot afford. It quickly becomes embarrassing and stressful to have consistent messages left on your voicemail, get contacted at work, or when a company contacts your family and friends about a debt.
How can you stop a debt collector? How can you protect yourself legally? This article is SoloSuit's guide to the rules debt collectors must follow and how you can defeat them. Knowing your rights can save you a lot of time, money, and stress if you know how to handle debt collectors like Diverse Funding Associates, LLC.
DNF Associates, LLC is a legitimate debt collections agency
DNF Associates specializes in purchasing default consumer debts from the original creditor (credit card companies, banks, etc). These purchases are usually made at as little as 8% of the original amount of the debt. This means that if DNF Associates is contacting you about a debt, they would make a huge profit if you pay the debt back in full.
DNF Associates LLC has many lawsuits and complaints against it
The number of lawsuits filed against DNF Associates LLC on the Public Access to Court Electronic Records ("PACER") website shows just how dissatisfied consumers are with the company. PACER is the federal docket for U.S. civil cases, and it lists legal complaints filed against various companies.
There are 16 lawsuits filed against the agency in the U.S., all based on violations of the Fair Debt Collection Practices Act (FDCPA). DNF Associates LLC might not have a rating with the BBB; 64 Customer Complaints on the website show dissatisfied customers. These complaints involve issues with identity theft, difficulty contacting DNF Associates to discuss settlements, and inaccurate information on credit reports.
Beat DNF Associates LLC by knowing your rights
U.S. debt buyers are skyrocketing. If DNF Associates LLC claims you owe them money, that does not mean you are obligated to pay. It is common for DNF Associates LLC to purchase undocumented debts, debts that have exceeded the statute of limitations or are illegal. If DNF Associates LLC has dunned you or sued you, you must know your consumer rights. Your defense or your claim against them may be valid.
How do you handle all this pressure? Don't hide your displeasure, especially if it's legitimate. Most credit-tracking agencies have serious flaws. In 2020, more than half of complaints to the Consumer Financial Protection Bureau were from consumers who claimed agencies contacted them about debts they did not owe - a 25% increase from the two years prior.
When DNF Associates, LLC keeps calling you about a debt, you should ask the collector for their name and employee number, the company's address, and more information about the debt. If you want to avoid future phone calls, write them a letter requesting them to stop contacting you via phone. Make sure it's certified mail, return receipt requested, so you have a copy if it persists. Debt collectors are notorious for persisting.
Gather evidence on the debt
As with any other debt collectors, DNF Associates LLC relies on various sources of information to collect debt. To dispute a claim, consumers need to be thorough and methodical. Gather all of your information and evidence related to the alleged debt. Include all documentation you have received from the creditor and any proof that the debt isn't yours. If any witnesses can attest to you not owing to the debt, you should also collect their testimony.
How you do it:
Never discuss your debt with anyone who contacts you by phone, text, email, or other means. They can use anything you tell them against you.
You can legally get details regarding the alleged debt during the first phone call or within five days: amount, the current owner of the debt, information necessary for contacting the original creditor. If it doesn't arrive after five days, note that.
Get your credit report as soon as possible from the three major reporting agencies (Experian, Equifax, or TransUnion). The Fair Credit Reporting Act (FCRA) requires that credit agencies provide you with information regarding your file and credit score. Make sure each report is error-free.
Fill out a dispute form with each of the three major credit reporting agencies
Highlight any errors on your credit report.
Send your dispute via certified mail (return receipt requested) or upload it to the credit agency.
Send a Debt Validation Letter to DNF Associates
If you are uncertain about your debt, or the amount owed doesn't match, then your best option is to send a Debt Validation Letter to Diverse Funding Associates, LLC asking them to verify the debt. This type of letter should be clear and concise. Ensure that it contains all relevant information about the debt. The creditor must prove that you owe the debt and provide detailed information and documents to prove the amount due. In many cases, DNF Associates does not have the proper documentation they need to validate a debt. If this is true for your debt, then you may be off the hook.
According to federal law, you have 30 days after receiving a debt notice to file send a Debt Validation Letter. DNF Associates must respond with the following information:
The amount of the debt.
The name of the creditor.
The collector will assume the debt is valid unless the consumer sends them a Debt Validation Letter within 30 days.
If you send the collector a Debt Validation Letter they will need to mail you validation of the debt.
If you send them a Debt Validation Letter they will need to mail you the name and address of the original creditor.
When DNF Associates cannot provide you with all this information, then they must drop the case and cease all contact with you. In fact, most debt collectors give up at this stage in the collection process. It may not be worth their time, money, or resources to validate the debt. To learn more about how to make a Debt Validation Letter, check out this video:
On the other hand, when DNF Associates does validate the debt, you can still send a dispute letter to them and the credit bureaus, including the following points:.
Debt proof, if you owe any
A request to not report the issue to the credit bureau until resolved
A request to remove a debt already listed from the report
Send a second dispute letter to the credit reporting agencies with the same information to ensure you are contesting the debt.
Unfortunately, the debt collection matter often remains unresolved until the information already appears on your credit report, and it can often have a negative impact. You should send another dispute letter to the credit-reporting agency if it makes it onto your credit report, disputing the accuracy of the information and requesting for removal or correction.
Exercise your rights under FDCPA
Problems between consumers and debt collection agencies are not new. In 1978, Congress addressed the abusive practices of debt collectors by passing the Fair Debt Collection Practices Act (FDCPA). The goal was to give consumers collection rights to protect from harassment and abusive debt collection tactics.
Credit bureaus are required by [FDCPA] to repair or delete any unconfirmed, erroneous, or incomplete information within 30 days. Otherwise, they have broken the law, and you have the right to sue and file a complaint with the Consumer Financial Protection Bureau. Make sure to build a case that is so compelling that the creditor will either have to agree with you or give tangible evidence to the contrary.
If you're trying to contact DNF Associates LLC, you can send anything in writing to their address at 2351 North Forest Road, Suite 110, Getzville, NY 14068. You can also call DNF Associates at their telephone number: 716-901-0748
DNF Associates, LLC may take you to court over the debt you owe. If you're sued by DNF Associates, you can fight back and win. Here's how.
The first step to beating DNF Associates in court is to file a written response to court Summons and Complaint. If you don't file an Answer within the deadline (14-35 days), you will lose the case by default when DNF Associates files a default judgment against you. A default judgment gives them the right to garnish your wages, put liens on your property, and even freeze your bank account.
Here are 6 tips for drafting an Answer that will help you win your case against DNF Associates, LLC:
The Answer isn't the place to tell your side of the story in detail: At this stage in the lawsuit, the burden of proof is not on you. This means that you don't have to elaborately explain your side of the story. In fact, doing so can actually hurt your case. Let the plaintiff (in this case, DNF Associates) prove their claims. All you have to do is respond to each claim listed in the Complaint.
Deny Deny Deny: Most attorneys recommend that you deny as many of the claims against you as possible. Denying is kind of like saying, “prove it,” which requires more work and documentation on DNF Associates' end. If DNF Associates doesn't have enough evidence to prove you owe the debt, it will likely dismiss the case altogether.
Include defenses: You should include a section in your Answer where you state your affirmative defenses. These are short statements that are reasons DNF Associates doesn't have a case against you. For example, the debt may be past the statute of limitations, you may be sued in the wrong state or county, and you may not have received a Summons notifying you of the lawsuit. These are all common affirmative defenses that can strengthen your case.
Use standard formatting or “style”: Your Answer should be clean and professional, with standard font, font size, and formatting. It should include a caption that states the court information, parties, and case number.
Include certificate of service: The certificate of service is a short statement at the end of a legal document that certifies the document was actually sent to the opposing party. It should include the address that was used and the manner in which it was sent. So, you should certify that you sent the Answer to the attorney representing DNF Associates, LLC with the address listed on the Summons document.
Sign it: Almost all courts require a signature at the end of the Answer. Without an Answer, the court will most likely reject the document. Make sure to double check whether your court accepts electronic signatures or not.
Learn more about these 6 tips from SoloSuit's CEO, George Simons, who explains each all in this video:
SoloSuit can help you beat DNF Associates
Debt collectors have a sordid reputation for harassment and abuse. The original creditor provides them with all your personal information stored in a computer database. If a third party gets your account, it has been 'charged off' for non-payment. DNF Associates LLC's livelihood is commission, so they feel no compulsion to be pleasant or polite. However, they do have to follow the law, and informed consumers are making it harder for debt collection agencies to engage in abusive practices.
SoloSuit offers a simple way to respond to debt-collection lawsuits. The application form walks you through all the steps required to complete your application response. To file the paperwork, print and mail the hard copies to the courts or contact SoloSuit to have it filed for you and reviewed by an attorney.
What is SoloSuit?
SoloSuit makes it easy to respond to a debt collection lawsuit.
How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.
Respond with SoloSuit
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It only takes 15 minutes. And 50% of our customers' cases have been dismissed in the past.
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