A consumer filed a lawsuit against Evans Associates, a junk debt buyer of old, defaulted consumer debts, accusing it of violating the Fair Debt Collection Practices Act (FDCPA). The consumer alleged in the Complaint that Evans Associates, located at 3842 Harlem Road, Suite 400-329, Buffalo, NY 14215, contacted the consumer and falsely claimed there was a pending debt collection lawsuit filed against the consumer. After the consumer checked with various courts, it was determined that Evans Associates allegedly lied to scare the consumer into making a payment on the alleged debt. The consumer denied ever owing any money to Evans Associates or the parties from whom it purchased the alleged debt. The FDCPA lawsuit was filed in the Eastern District of Pennsylvania and sought a judgment against Evans Associates and compensation for statutory damages, actual damages, attorney’s fees, and the costs of the lawsuit.
After the lawsuit was filed, Evans Associates served a document on March 12, 2010, where Evans Associates “admits liability for the sole purpose of settlement” and offered “to allow a judgment to be entered against it and in favor of the” consumer. In response, the federal court entered a judgment against Evans Associates for $1500.00 and permitted the consumer to seek additional money for her attorney’s fees and costs.
“Debt collectors often lie about dire consequences when consumers refuse to pay disputed or un-owed debts,” the consumer’s attorney, Joseph A. Mullaney, III, stated. “Do not allow yourself to fall victim,” Mullaney continued. “When a consumer is threatened by a debt collector, the consumer should seek the advice of an experienced Consumer Rights Attorney right away,” he ended.