By: Robert J. Nahoum
THE PROBLEM:
Three scenarios might have led you this article:
- You have just been notified by your bank that your account has been frozen because there is a debt collection judgment against you by some company called Collins Financial Services, Inc..Â
- You’ve received a notice from your County Sheriff or a New York City Marshall that your wages will be garnisheed because there is a debt collection judgment against you from Collins Financial Services, Inc..  Â
- A process server has shown up to your home to deliver a summons and complaint or you’ve come home to find a summons and complaint taped to your door? Turns our, you’re being sued by Collins Financial Services, Inc.. Â
WHO IS COLLINS FINANCIAL SERVICES, INC.?
Collins Financial Services, Inc. is a “junk debt buyerâ€, buying up portfolios of old debt from banks, credit card companies, hospitals, doctors, cell phone companies and car companies for pennies on the dollar. The debt buyers then try to collect the full amount from consumers.
Collins Financial Services, Inc. is a Texas company located at 7500 Rialto Blvd., Ste. 100 Austin, TX 78735. They can be reached at (512) 347-1492.
Collins Financial Services, Inc. has employed a number of different Tri-State area debt collection law firms including Stephen Einstein & Associates, P.C., Sharinn & Lipshie PC, Malen & Associates PC, and Peter T Roach & Associates PC, Lacy Katzen LLP.
Through these law firms, Collins Financial Services, Inc. may pursue and enforce judgments awarded years ago through wage garnishments and frozen bank accounts.
In 2010, Collins Financial Services, Inc., announced a rebranding of its business name to “Precision Recovery Analytics, Inc.†New York debt collection lawsuits may be found with one or the other name listed in the case caption.
Collins Financial Services, Inc. is an accused notorious violator of federal debt collection laws known as the Fair Debt Collection Practices Act (FDCPA) and is sued regularly by consumers for these violations. The FDCPA is a federal law that regulates the collection of consumer debts. It precludes third party debt collectors from using false, misleading, deceptive and harassing debt collection tactics.
THE PROBLEM WITH COLLINS FINANCIAL SERVICES, INC.:
To Collins Financial Services, Inc., you the consumer are no more than an entry on a spreadsheet, you are data. Unfortunately for Collins Financial Services, Inc., entries on spreadsheets are not enough to win against you in court.
In a debt collection lawsuit, Collins Financial Services, Inc. always has the burden to prove that the consumer is responsible for the debt. To meet this burden, Collins Financial Services, Inc. must prove that: (1) it has the right to sue you; (2) the debt is yours; and (3) you owe the amount for which you were sued. It is never the burden of the consumer to prove that he or she does not owe the debt.
To meet its burden, the proof submitted by Collins Financial Services, Inc. must be based on “personal knowledgeâ€. Personal knowledge means that the person offering the evidence on behalf of Collins Financial Services, Inc. must be a witness to the event shown in a particular document. For example, if credit card bills are offered into evidence on behalf of Collins Financial Services, Inc., the person offering the evidence must have personal knowledge of how the information in the credit card bill got there, how it is generated and how it is maintained. That person must have personal knowledge of the computer system and how it operates. If this person does not have such personal knowledge, the evidence is “hearsay†and it cannot be used.
Remember, to Collins Financial Services, Inc., you are just an entry on a spreadsheet. For this reason, Collins Financial Services, Inc. routinely lacks the evidence necessary to prove its case and beat you in court.
WHAT YOU SHOULD DO:
If you’ve been sued by Collins Financial Services, Inc. in a debt collection lawsuit, consider hiring a qualified attorney experienced in debt defense. The Law Offices of Robert J. Nahoum, P.C. routinely represents consumers in debt collection lawsuits brought by debt buyers like Collins Financial Services, Inc. in New York and New Jersey.
As with all of our debt defense cases, The Law Offices of Robert J. Nahoum, P.C. analyzes debt collection cases brought by debt buyers like Collins Financial Services, Inc. to determine if any violations of the FDCPA have occurred. If so, we recommend to our clients that suit be brought in Federal District Court on behalf of the consumer and against the debt buyer.
If a debt buyer like Collins Financial Services, Inc. violates the FDCPA, you can sue it for statutory damages up to $1,000.00 plus actual damages (like pain and suffering) and your attorney’s fees. In FDCPA cases, The Law Offices of Robert J. Nahoum, P.C. doesn’t charge our clients a penny out of pocket.
If you need help settling or defending a debt collection lawsuit, stopping harassing debt collectors or suing a debt collector, contact us today to see what we can do for you. With office located in Brooklyn and Rockland County, the Law Offices of Robert J. Nahoum defends consumers in debt collection cases throughout the Tristate area including New Jersey.
The Law Offices of Robert J. Nahoum, P.C
(845) 232-0202
www.nahoumlaw.com
info@nahoumlaw.com