Allen Maxwell & Silver or AMS is a third-party collection agency based in New Jersey. AMS has received consumer complaints alleging violations of the Fair Debt Collection Practices Act (FDCPA), including failure to verify debts and threatening to take actions that cannot legally be taken.If you have been contacted by this debt collector, make sure you understand your rights before responding.
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According to the Better Business Bureau (BBB), Allen, Maxwell & Silver, Inc. is a legitimate collection agency founded and incorporated in 1992. The BBB established a profile page for AMS in 2008. AMS is listed as a collection agency. Buzzfile estimates AMS’s annual revenue at $4.2 million and the size of its headquarters staff at 25 employees.
According to its website, AMS is “a leader in [commercial Accounts Receivable Management.” AMS delivers “professional, highly effective results for clients on a worldwide basis.” AMS’s services are organized into “three distinct departments: Outsourcing, Third Party and Legal Forwarding.” Together, these divisions employ “a seasoned and skilled staff of experienced full time professionals who are dedicated to delivering superior collection results and timely information to…clients.”
AMS Outsourcing division “assists …in a customer service capacity by communicating with…customers as a seamless extension of the accounts receivable departments” of clients using dedicated phone lines, custom scripts and correspondence, and 30-60-90 day tiered collection programs. Their Third-Party collections division offers professional and aggressive phone, fax, mail, and email communication, as well as skip tracing. AMS’s legal forwarding department is available for accounts that warrant litigation.
AMS cites memberships in the International Association of Credit and Collection Professionals (IACC) and other professional associations. However, they do not provide links and references to consumer protection resources, laws, or enforcement agencies.
The BBB has closed 6 complaints against Allen Maxwell & Silver in the preceding 3 years, with 2 complaints closed in the past 12 months. Complaints are evenly split between those alleging problems with billing and collections and those alleging problems with customer service. The Consumer Financial Protection Bureau (CFPB) has not posted any complaint data about AMS. Justia lists at least 1 case of civil litigation involving AMS.
Allen, Maxwell & Silver, Inc.
17-17 Route 208 North, Suite 340
Fair Lawn, NJ 07410-2819
Telephone: (201) 871-0044
It is illegal for a debt collector to threaten to sue you or garnish your wages. It is also unlikely AMS would sue you for a debt you may not owe or they cannot validate. However, debt collection agencies are known to have summoned debtors to court and garnish wages after a default judgement. Contacting an attorney BEFORE this could possibly happen would be a smart move. We’ve helped thousands of consumers fight back against unscrupulous debt collection harassers. Find out if we can help you too today!
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Absolutely. Here are some Sample Cases filed in Federal Court
Complaints against Allen Maxwell & Silver cite problems resulting from disputes about the validity of debts and the accuracy of billing and accounting methods. In June 2017, a complainant indicated that they had been contacted by AMS for a delinquent bill they disputed as fraudulent. According to the complainant, they had signed a contract with the original creditor, which they had cancelled at the end of January 2017. According to the complainant, the terms and conditions in the contract stated that a 30-day advance notice was required for a valid cancellation prior to an automatic 12-month renewal at the expiration of any term. The complainant indicated further that no deadline or date was specified with regard to when the 12-month period began, or when the 30-day notice was to be submitted. The complainant stated that although he had submitted his 30-day cancellation notice before the end of January 2017, the collection letter he received from AMS requested payment for the months of February, March, April, and May 2017, for a total of $598.00. The complainant stated that the invoice lists incorrect charges, and that collection activity by AMS was affecting his business credit rating. After contacting AMS to discuss the discrepancy, the plaintiff alleged that AMS had sent a “‘fabricated’ set of terms and conditions…that stated a 30-day notice…was not part of the contract… he had originally agreed to… and signed.” The complainant alleged that AMS’s conduct was “extremely deceitful…and brings their ethics into question.” He also indicated he had sent his copy of the contract and charged AMS with “ignoring the contractual agreement and trying to push a flawed collection through the system.”
In response, Allen Maxwell & Silver indicated they had received notification from the original creditor to “close out the account as they were going to credit the $598.00 in full.” AMS indicated they would “have no further contact with the” complainant, and that they would not report the item to the credit reporting agencies.
The Fair Debt Collections Practices Act (FDCPA) and the Fair Credit Reporting Act (FCRA) are enforced by the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB).
The FDCPA regulates the behavior of collection agencies by prohibiting actions such as the use of abusive or threatening language; harassment; or the use of false or misleading information to collect a debt.
The FCRA regulates how collection agencies and creditors report delinquent debts to credit reporting agencies. Additional consumer protection laws include the Telephone Consumer Protection Act (TCPA) and the Consumer Financial Protection Act (CFPA). The complaint above illustrates how these laws can be extremely effective tools to hold accountable collection agencies who fail to adhere to their provisions.
These laws also provide individuals with a means to seek monetary damages in court. For example, the FDCPA allows consumers who have been violated to recover damages of up to $1,000, plus attorney fees and court costs.
Seek legal assistance to find the relief you may be entitled to if you are having difficulty resolving disputes with a debt collection agency
Your debt harassment checklist:
- You are receiving multiple calls per week from third party collection agencies
- You are receiving early morning or late night calls from debt collectors
- You are receiving calls at work from a debt collection agency
- Debt collectors are calling your friends, neighbors, or coworkers
- Collectors are threatening you with violence, lawsuit, or arrest
- A debt collector attempts to collect more than you owe
- You are being threatened with negative credit reporting
- A debt collector attempts to intimidate you
- Criminal accusations are being made towards you
- Use of obscene language during an attempt to collect
- Automated robocalls are being made to your phone in an attempt to collect
If you’ve been harassed by debt collectors and even one of these has happened to you, we can help. We will fight for your rights.
We can make them STOP!✋
The Lemberg Law legal team is committed to holding debt collectors accountable, so complete our form for a FREE case evaluation, or call 844-685-9200 NOW.
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