• Report: #916041

Complaint Review: ACS Legal Group

  • Submitted: Mon, July 23, 2012
  • Updated: Mon, July 30, 2012

  • Reported By: Bill Collector - The Debtor''s Frien — Mesa Arizona United States of America
ACS Legal Group
Internet United States of America

ACS Legal Group Email dunning notice that uses 3 different FDCPA violations Internet

*Author of original report: A reply is what you want .. is it?

*General Comment: Dear Deadbeat:

*General Comment: Dear Deadbeat:

*Consumer Comment: I too have been contacted by this company

*Author of original report: Really?...a Deadbeat huh?...really.

*General Comment: Dear Deadbeat

*Consumer Comment: Still a deadbeat

*Author of original report: "Deadbeat" --Typical Reaction from a Dirty Collector

*General Comment: YOU ARE JUST A DEADBEAT WHO WONT PAY HIS BILLS

What's this?
What's this?
What's this?
Is this
Ripoff Report
About you?
Ripoff Report
A business' first
line of defense
on the Internet.
If your business is
willing to make a
commitment to
customer satisfaction
Click here now..

Does your business have a bad reputation?
Fix it the right way.
Corporate Advocacy Program™

SEO Reputation Management at its best!

I had to laugh when I got the email from this Matt Williams of ACS Legal group. I was a debt collector for over 20 years. I know an FDCPA violation when I see,or hear, one.

I guess I was supposed to be intimidated when in the email it states.

I have been instructed to bring legal action against you as may be necessary, which may result in Judgment...

You are hereby further advised that if payment is not received within 2 business days of the date of this letter, suit in small claims court may be commenced against you

Violatiion 1. Section 807.5 of the FDCPA says the collector cant threaten to do something that cant legally be done or they have no intention of doing.  My only income if SSDI and that cant be garnished so they cant legally collect any judgment and since in that respect I am judgment proof they have no intention of filing. Strike one for them

Violation 2.  The email I got also says:
Instead of small claims court, this matter may be referred to our attorney for suit in municipal court.

While this seems innocuous this is the dirtiest and most unfair and unlawful collection practice. Why do you ask. Well a suit filed in small claims court is a civil matter. Yes if you lose your assets can be taken to pay. But municipal court, in most jurisdictions handle only criminal matters.

This is an FDCPA violation because it implies the debtor has committed a crime (i.e. municipal court as opposed to small claims). Secondly, it misrepresents the nature of the debt; implies is a criminal matter vs civil. Third, it implies they will win and when one loses in criminal court imprisonment is usually the result. Not to mention that most courts require small claims be used due to the amount of the debt, so municipal court couldnt be used even if they could.

Finally, the first contact notice sent to the debtor serves the purpose to notify the debtor the matter has been placed with the collection agency - a third party but this first notice is required by the FDCPA also to inform the debtor they have a specific time frame in which to dispute the validity of the debt with the agancy.

Violation 3. There is no notice of right to dispute.


I replied to this Matt Williams-which yes is most likely a fake name used so when calls come in it indicates either a new account etc.  In my letter I gave him 2 days to reply to me with what address and on what date he intended to serve me with the summons and complaint that his notice tells me is going to happen. I also said if within 2 days I DIDN'T get that information, I would blizzard him and ACS with more complaints etc then they ever have seen as since I am disabled I got nothing to do all day and needed a hobby and would make pursuing him and ACS by all legal mean my current one.

I know the culture of places like this. I doubt my reply will stop any further contact. What places like this dont realize is the more they make contact the more they are going to just build a case agaist them and they use these unlawful, unfair collection practices because people don't know they are illegal.

I would call the phone number in the notice but evidently they have no contactable number for me or they would be calling me, and by calling them they will trap whatever number I use and I would be handing them one. Besides, I already know how the conversation would go....I think instead of wasting the time the call would take, I will go talk to a brick wall instead.

Debt Collection can be a way to help people handle and resolve things when they get in over their head financially but that is why the FDCPA exits. Tactics like ACS uses do nothing and I am sure collect nothing compared to what could be recovered.

When I started as a new collector, one of the things I was told was

"Angry debtors dont pay their bills, they just file complaints."
When I read this email I didnt get angry...but trust me I WILL file complaints.

This report was posted on Ripoff Report on 07/23/2012 09:11 AM and is a permanent record located here: http://www.ripoffreport.com/r/ACS-Legal-Group/internet/ACS-Legal-Group-Email-dunning-notice-that-uses-3-different-FDCPA-violations-Internet-916041. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report.

Click Here to read other Ripoff Reports on ACS Legal Group

Search for additional reports

If you would like to see more Rip-off Reports on this company/individual, search here:

Search Tips
Report & Rebuttal
Respond to this report!
What's this?
Also a victim?
What's this?
Repair Your Reputation!
What's this?
REBUTTALS & REPLIES:
3Author 6Consumer 0Employee/Owner
Updates & Rebuttals

#1 Author of original report

A reply is what you want .. is it?

AUTHOR: Bill Collector - The Debtor''s Frien - (United States of America)

To whom it may concern:

There will be no direct responses to your ranting and raving and bullying posts. Why? Because dont you get it yet? I refuse to let you goad me into the pissing match you so badly want. Therefore, rant on all you desire.

Call me everything and anything you like. (fyi I used to umpire ncaa baseball-- Im sure I have been called far worse than what you come up with) There will be no direct reply from me.

p.s. yes the 2008 global financial collapse WAS all my fault.

<sheesh>
Respond to this report!
What's this?

#2 General Comment

Dear Deadbeat:

AUTHOR: IamGood - (USA)

Hey Deadbeat:
Why no more pithy comebacks from you after the rebuke I gave you? I was waiting to see what kind of rebuttal you could come back with, in response to my rebuttal.

We at my collections agency office are very disappointed. We were passing your stories around the office, having a good laugh at your expense. Please dont disappoint us, as we need some more laughs.

Sincerely
Your Friends at XYZ Collections agency
Respond to this report!
What's this?

#3 General Comment

Dear Deadbeat:

AUTHOR: IamGood - (USA)

Hey DeadBeat:

Now you are trying to tell me how to collect on a debt?  These rules you state will work on customers who are willing to pay on their debts, not on deadbeats like you who hide their assets (or attempt to hide them), and like to play games with the collectors.  That is a very dangerous game you are playing.  

What I see here is that your debt has probably been sold several times because each collection agency that has attempted to collect from you has been met with 0 attempts on your part to try to pay at all.  You have been given several chances to pay on this debt, and to propose a resonable repayment schedule.

Your attempts to try to reclaim any dignity you have left by claiming that you would have no problems settling with an agency for a reasonable payment schedule, except for the fact that ths Agency Broke the LAW several times in the same letter,  is laughable at best.

At your own admission you went to considerable expense to shield your assets from any of your creditors.  This to me indicates your unwillingness to pay any thing.

Face it, you are a DEADBEAT LOSER, who deserves all the insults you are receiving here, and you know what, I wish I knew your real name so I could instruct my agency to buy your debt, so I could show you the real use of Legal Power.

I pity your spawn, because they probably grew up to be the same kind of man their father was, A person who wont pay their bills.

But hey, you pulled on over on this creditor didnt you?  If they do sue you, you will still have to hire a lawyer to represent you in court, so you will end up spending money after all.

I wont tell you any more to pay your bills, because I know you wont.  Good Bye you WORTHLESS, IDIOT, DEADBEAT.  YOU ARE A SCOURGE ON SOCIETY, AND YOU AND THE COUNTLESS OTHER SUBPRIME BORROWERS WHO ALMOST BROUGHT DOWN THE US FINANCIAL INSTITUTIONS BACK IN 08.  Thanks to people like you the US had to borrow 700 billion dollars to bail out the banks.

I HOPE YOU ARE PROUD OF YOURSELF!!!1

Respond to this report!
What's this?

#4 Consumer Comment

I too have been contacted by this company

AUTHOR: Jeremy - (United States of America)

Your delinquent account with Advance Cash Experts has been referred to my office for collection action. You are currently several payments behind on the above referenced account. The total outstanding amount on this account is $525.89.

I have been instructed to bring legal action against you as may be necessary, which may result in Judgement.

The file indicates that you have failed or refused to pay the above claim even though it appears just, owing, and correct.

You are hereby further advised that if payment is not received within 2 business days of the date of this letter, suit in small claims court may be commenced against you forthwith and without further notice for the amount indicated above, together with prejudgment interest. Instead of small claims court, this matter may be referred to our attorney for suit in municipal court.

As I am sure you are aware, if this matter goes to suit, all court costs, process server's fees, attorney fees where permitted, and other post judgment costs will be added to the amount that you already owe.

You can avoid the unnecessary inconvenience and added expenses of a lawsuit by making immediate payment to us. For any queries feel free to call us on (954) 762 7500.

Sincerely,

Matt Williams, Collections Manager (954) 762 7500

ACS Legal Group.

It is my understanding, that before any proceedings can take place there are steps, my family lawyer is now going to be handling this matter, as I stated in an email, that I would like documentation to prove that I am the person who this debt belongs to, as a consumer, you are always advised to ask for proof, no judgement can or will take place while this takes place. It is the law, this guy who has the attitude needs to go back and read the laws. I do plan on making this into a class action suit, due to collection process and professionality. Threats are taken serious these days. This company will see how serious these threats are. I don't mind paying bills I owe, but without this company being able to provide me with any evidence of these debts then they are invalid and this company is a scam. After getting this letter today, I did my research on the so called company and this company, where is all the info on the Internet? There is none, they are Scam Artist and will be persued.
Respond to this report!
What's this?

#5 Author of original report

Really?...a Deadbeat huh?...really.

AUTHOR: Bill Collector - The Debtor''s Frien - (United States of America)

It makes one curious why it is always the same type collector who even has the word "Deadbeat" in his vocabulary.

I think when you lose track, or never realized, that a Collection Agency is in the end, a business. Bottom line net profit is the only real concern except for how to increase it over the same day a year prior.

So lets see, a collector who is professional and legal is assured success because that is why the business model is based on the legal foundations. The business model is structured so that each month, each office, has a target dollar amount for each client in house.

The role of the collector is to perform the tasks proven to do what the client is paying for and that is collect the debt. The manager's role is to ensure the collector's environment is one in which he can collect on the maximum number of accounts and achieve the maximum gross dollars collected.

I used to make upwards of 300-400 calls a day, because not only did I have my new business to work, I had payment promises to monitor, broken promises to follow up on along with accounts with no good number to work so I could develop a contactable number and I had accounts with a good number for the debtor where contact had been made but no promise to pay obtained.

This was each and every day.  You cant help but listen to the other collectors on the floor. Yes you will hear the ones like have replied with the only skill they have-unlawful unfair practices, they will be loud and  nasty and demeaning etc. and they usually if they didnt get hung up on, didnt collect nearly what they were expected to. They either never were taught or ignored the 4 basic tenants.



  1. You have to find the debtor.


  2. You have to get that debtor to the phone and have them talk to you.


  3. You must get them to send money in to you.


  4. The money they send has to clear the bank when deposited.

Collectors who do not conduct themselves in such a way as to complete each of the 4 tenants WILL NOT COLLECT ANY MONEY!

Of course they will get the debtor who will pay that is just playing the law of averages...but remember its a business...Are collecting as much as they should or could? No.

Be aware that nowhere in anything I have posted did I ever say a professional collector who stays within the bounds of the law should not be firm and assertive, control the conversation, nor not pay his role which is to convince the debtor to act in concert with the collector or the collector will resolve the matter without the debtor but it will still affect the debtor.

Am I a deadbeat?  I dont know, but I do know that there are alot of good strong collectors who are also debtors too--Trust me you would be surprised at the number. Besides, just because I refuse to allow a collector or his agency to have an unfair advantage over me by not playing by the rules, yet expect me to, I wouldnt call that person a deadbeat.

I do know that when one doesnt have the ability to assert his argument in a logical rational sequential way so as to rebut and overcome any objections the debtor may give we get the 2 shining examples of who it is on the floor who are putting forth a lot of energy for less than the financial returns on payday than they could be realizing

Not that this last Mr Deadbeat namecaller is owed anything from me,  I will just say this.
I would have come to some reasonable, mutually beneficial repayment promise with the collector and agency if I had not seen unlawful and unfair practices right out of the gate. Like said, if they want me to play fair they have to also. Courts have released many a debtor from whatever debt it was that the court found the collector and/or agency had not followed the law.

Besides, what are these 2 Deadbeaters doin surfing the web and not only reading but responding to my posts during the work day hours...could it be as I said, they cant really do the job.

Hmmm <rubbing chin> I wonder....


Respond to this report!
What's this?

#6 General Comment

Dear Deadbeat

AUTHOR: IamGood - (USA)

You are going to be the ultimate loser here.

Your credit rating is in the toilet, and one day soon you will need credit again to buy a car, or rent an apartment, or do what ever.  Buy Insurance, etc.

Your costs will increase due to your un willingness to live up to your obligations.

You have done more to disparage your character than my post could have ever done, so keep living in your fantasy world, and mentally masterbate yourself that you "pulled one over on your creditors".

Ok, so I guess that makes you a man huh?  You are teaching your children a powerful lesson here, how NOT to live up to your obligations.

In some states, if you live in a home, and you are sued, and they get a judgement against you th ey can take your house.  Where I work we have instigated home seizures after a writ of judgement has been executed, even though we know that there is a primary lein holder, and we will have to hand over all the proceeds to your mortgage company.

But those people no longer had  a place to live either.  We had them evicted. 

But hey, I am just pointing out to the world that it was subprime borrowers like you that helped bring down the banking industry in 2008, and caused the federal govt to bail out the banking industry.

So take "Victory" in the knowledge that people like you almost brought the ENTIRE world financial system to it's knees. 

:}

DEADBEAT!!!
Respond to this report!
What's this?

#7 Consumer Comment

Still a deadbeat

AUTHOR: Ramjet - (U.S.A.)

Due to your 'vast' knowledge of debt collection, I'm sure you are aware that you are indeed nothing but a deadbeat.

Pay your bills.
Respond to this report!
What's this?

#8 Author of original report

"Deadbeat" --Typical Reaction from a Dirty Collector

AUTHOR: Bill Collector - The Debtor''s Frien - (United States of America)

I am not writing this to give the party who is calling me a deadbeat the satisfaction that he "got to me."

Rather I am writing this as an example of what you are dealing with when you have a non-professional  person practicing extortion and intimidation under the guise of collecting on a debt.

First he says he is :
Person who files lawsuits for a collection agency for a living. and is very good at collecting on those lawsuits with writs of garnishment.

ok so ...were he a TRUE professional I dont think his response would have started with:
HEY IDIOT A$$:
You are just another deadbeat that is hiding behind the Law to try to avoid paying a bill.
nor this gem

Quit being a loser, and pay your bills. 

ha ha ha...seems I got him so riled up he just felt "compelled" to reply AND bombastic and disparage n my character.
The hunter seems to have become the hunted.

 My admirer goes on to try and impress me with the scope and breadth of his "knowledge"

Everything they told you is LEGAL.  They used the word MAY, they only implied we May Sue you.  They left it open to decide later.

If everything was legal then why was there a 2 day deadline in which payment in full was demanded or suit would be instituted  (In the business this is known as giving a "Firm Demand for the Balance in Full" - GFD4BIF in collector shorthand.

Next this "professional" informs me.

It doesnt matter if all you have is Disability Income or not, unless you let your bank know that is the only source of deposits to your bank account, they will let the collectors have that money after they get a judgement against you. 
He just busted himself that he collects on unlawful judgments- A professional agency would know the source of income of a debtor before they file suit as if there is nothing to attach there is no cost effective basis on which to pursue legal collection action.

In a further attempt to assert his superiority in both knowledge and as a person in comparison to me he continues.
Cash in the bank is not the only thing they can take.  They can go after assets in your home.  The law will allow them to take what ever non exempt assets you have.  (This will depend on what your State says).

I will say one thing on behalf of my admirer of which he was not aware because I did not include it in my posting to which he shot off his big mouth. I have no personal assets as such. What I mean is as "an individual" I own nothing; have no assets and anything I may own as "an individual" all would be within the limits of property that is "exempt" under Arizona Revised Statute.  The reason being is that years ago I conveyed every last asset I had to a Trust. The Trust is the owner of any asset. The contract was with me, "an individual" not with the Trust.

So even if the Trust is named as a party to the lawsuit, 1 the suit would have to be dismissed because there would be "no valid cause of action" on which the court could proceed against the Trust because the court would have no jurisdiction over the Trust as the Trust never was in contact with the creditor. Nor would the agency have standing to bring suit against the Trust for the same reasons.

With that said...I have one final comment to mr dirty collector who signed his rebuttal :

Person who files lawsuits for a collection agency for a living. and is
very good at collecting on those lawsuits with writs of garnishment.
Like I said, after 20 years in all aspects of the 3rd party collection industry, I can see why this guy is not actively talking to debtors and is no longer a front-line collector. I can see now why he was buried in the legal department to push papers all day

He does not have the temperament nor self-control, nor enough self-esteem to go about collecting on a debt legally or professionally.  One of the main rules a new collector must learn is "never take
anything personally when interacting with a debtor."

Mr. "person who files lawsuits" cannot do that. He is thin skinned and feels he is being attacked thereby being defensive and as a result not professional and acts in unlawful ways. Why do you think he felt so compelled to reply to my previous post.  GOTCHA PAL, YOU LOSE <GRIN>.

I have a parting bit of advice for mr "pushes papers all day and thinks he knows everything about collecting so there is nothing he will learn from anyone"

I was collecting on debts before you probably even were born and I am sure I did it longer than you ever will...

so if you want to learn something about collecting...

learn how to collect your thoughts enough to be able to go home at the end of the day...

as I doubt seriously you can collect any money let alone that.
Respond to this report!
What's this?

#9 General Comment

YOU ARE JUST A DEADBEAT WHO WONT PAY HIS BILLS

AUTHOR: IamGood - (USA)

HEY IDIOT A$$:

You are just another deadbeat that is hiding behind the Law to try to avoid paying a bill.

Everything they told you is LEGAL.  They used the word MAY, they only implied we May Sue you.  They left it open to decide later.

It doesnt matter if all you have is Disability Income or not, unless you let your bank know that is the only source of deposits to your bank account, they will let the collectors have that money after they get a judgement against you. 

Cash in the bank is not the only thing they can take.  They can go after assets in your home.  The law will allow them to take what ever non exempt assets you have.  (This will depend on what your State says).

Quit being a loser, and pay your bills. 

BTW, this may not be a idle threat to sue you.  If you live in a state where few of your assets are protected, then they will sue you.

Signed,
Person who files lawsuits for a collection agency for a living. and is very good at collecting on those lawsuits with writs of garnishment.
Respond to this report!
What's this?
Report & Rebuttal
Respond to this report!
What's this?
Also a victim?
What's this?
Repair Your Reputation!
What's this?
X