Are you being called by Scott & Associates?* Here's what you need to know.
If you have experienced financial setbacks that have sent your monthly accounts into arrears, debt collectors will eventually start to call, and not all of them will treat you with respect. Don’t be harassed or intimidated into payment arrangements you can’t afford, however. If they pressure you, start looking for an attorney.
Your Rights Under the FDCPA
Not all debt collectors are unethical, but enough of them are so difficult to deal with that the Federal Trade Commission receives scores of complaints every year. The Fair Debt Collection Practices Act (FDCPA) makes it illegal to use tactics like those below to collect a debt.
- Swearing, yelling, and calling you names
- Telling your friends, neighbors, and co-workers that you owe money
- Contacting you after you have formally requested that all communications cease
- Calling you at inconvenient times, such as before 8:00 a.m. and after 9:00 p.m. your time
- Demanding amounts that are not supported by law or the original creditor agreement
- Threatening legal actions they cannot take or have no intention of taking
Company Profile: Scott & Associates
Are you being called by Scott & Associates? Additional company information is provided below.
Scott & Associates is a debt collection law office headquartered in Carrollton, Texas. It also has offices in:
- Dallas, Texas
- Houston, Texas
- Montgomery, Alabama
- Jackson, Mississippi
- Charleston, South Carolina
- Nashville, Tennessee
- Virginia Beach, Virginia
The firm was established in 2000, was formerly known as Scott, Parnell & Associates, and is managed by its President, Michael J. Scott. Records on file at the PACER (Public Access to Court Electronic Records) website reveal that consumers who believed they were being harassed by Scott & Associates have sued the company to protect their rights.
Alleged Violations against Scott & Associates
According to PACER, in or around April 2011, a South Carolina resident permitted the voluntary repossession of a vehicle, after which his account was closed by the then creditor. Nonetheless, on or about October 19, 2015, Scott & Associates allegedly sent him a collection letter for the amount he had owed prior to the repossession. The aforesaid correspondence was entitled “NOTICE OF INTENT TO FILE CIVIL LAW SUIT” and stated, inter alia: “WE HAVE DECIDED TO FILE A LAWSUIT AGAINST YOU. If we do not hear from you, the next correspondence you should expect to receive from us is a copy of the lawsuit.”
He took issue with the notice because a debt over three years old was time-barred in South Carolina and the litigation threat overshadowed his right to dispute it. He called Scott & Associates and advised them about the statute of limitations, at which point the firm representative allegedly said that she could not provide legal advice and ended the call.
Feeling harassed by Scott & Associates, he hired a consumer attorney and sued the firm for the following alleged FDCPA violations:
- Using unfair or unconscionable means to collect a debt
- Misrepresenting the the character, amount, or legal status of the debt
- Threatening legal action the firm had no intention of taking
- Using false, deceptive or misleading means to collect a debt
The matter was later dismissed.
Hire an Attorney
The phone numbers for Scott & Associates are:
If either number appears on your caller ID when the phone rings, it means that you are being called by Scott & Associates. If they threaten to sue you for a time-barred debt, hire a consumer attorney. If you choose to file a claim against Scott & Associates and prevail in court, you could be awarded $1,000 per violation as well as attorney's fees, court costs, and any actual damages. Standing your ground when a debt collector is unethical or abusive is always a smart decision.
*Case taken from PACER (www.pacer.gov). File number is Case 3:15-cv-03849-M from the United States District Court for the Northern District of Texas, Dallas Division.
Disclaimer: The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against Scott & Associates or any other third-party collection agency, you may not be entitled to any compensation.