We’ve been receiving a lot of calls from consumers that are seeing Collins Asset Group, LLC on documents that have been sent to them or their credit report
As part of my mission to help consumers, I try to spot the recent trends and help folks make sense of what they may be seeing on their credit report, in the mail, or are being given by process servers. Recently, we’ve seen a huge uptick in debt collection attempts by an outfit named Collins Asset Group, LLC. We’ve seen a few different scenarios popping up regarding this entity.
Served in a Lawsuit by Collins Asset Group, LLC
Starting with what is generally the most obvious attempt to collect a debt from Collins Asset Group, you may be served with a law suit. This seems to be pretty typical, with the entity buying notes and taking over final judgments of foreclosure (possibly to pursue deficiency judgments). Generally, you have 20 days to answer the complaint – this is a pivotal step in the case. By purchasing Notes, Collins Asset Group will have to prove their standing to sue – if they don’t, it can be a disaster for them. The hard part though, is that proper defenses must be raised in that answer. If you leave something out, you can potentially waive that defense (e.g., never borrowing money from them, the statute of limitations, etc.).
Receiving collection letters from Collins Asset Group, LLC
We’ve been seeing an increase in debt collection letters from Collins Asset Group too. A lot of times, Collins Asset Group is indicating that they have just purchased the right to collect the debt. These letters can be a gold mine for potential issues. What we are seeing are various debt collection violations – things that seem innocuous unless the reader knows the law and what they are trying to do. Sometimes they do not disclose their ability to collect. At times, they may not even tell you that the debt may be time barred. If you know what you are looking for, you may find violations of the Fair Debt Collection Practices Act or the Florida Consumer Collections Practices Act. I’ve dedicated a large part of my career to spotting these issues. If they exist, you may have the ability to countersue or attempt to have them correct these issues.
If you are receiving letters from Collins Asset Group, and would like them reviewed for these issues, meeting with an attorney should be done very quickly. These statutes generally have very short time periods available to bring your claims. Once you miss them, they are generally gone. Generally, most folks wait until months after receiving notices to speak to an attorney, by the time we discover this information, the time to do something about it has passed. If you’d like to know what, if any, potential statute violations are in materials you receive, feel free to either call my office or book with me online to speak with me.