Patrick Austin is a licensed attorney with a background in data privacy and information security law. Patrick received his law degree at George Mason University's Antonin Scalia Law School, where he served as the Editor-in-Chief for the National Security Law Journal.
Co-Founder of SoloSuit George Simons, JD/MBA
George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.
Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.
Summary:
If American Recovery Service is contacting you about a debt, you can resolve it by validating it,
responding to any pending lawsuits with a written Answer, negotiating to settle for less, and getting the
agreement
in writing. Use Solo to simplify this process.
Receiving repeated phone calls and letters from a debt collection company like American Recovery Service likely
means you may be feeling stressed out and anxious about your financial future. This is understandable. Most people
do not expect to receive phone calls and letters from a debt collection company.
If you find yourself in this situation, do not give up hope. It is important to remember that you have legal rights
and protections when it comes to dealing with a debt collector like American Recovery Service. There are also
certain defenses you can raise if American Recovery Service has sued you to try and collect on an alleged delinquent
debt. These affirmative defenses could help you win in court or get you in a better position to settle the debt
outside of court.
Settle debt with American Recovery Service
You can negotiate debt settlement at any stage of the collections process. SoloSettle makes it easy.
American Recovery Service is a debt collection company based in California. The company was formed in 1986 and
specializes in issuing demand letters and debt collection.
Who does American Recovery Service collect for?
American Recovery Service specializes in the collection of debts for various companies, including banks, hospitals,
auto loan companies, utilities, and so forth.
Negotiate debt Settlement with American Recovery Service
Most debt collectors are open to the idea of negotiating a settlement amount or a repayment plan with debtors
instead of going through a time-consuming and expensive court process. If they agree to negotiate, ensure that the
agreement is in writing and that you honor your end of the bargain. Here are three steps you can take to try and
settle your debt with American Recovery Service:
Step 1: Figure out how much you can pay toward the amount owed
Prior to commencing debt settlement negotiations, make sure to calculate how much you can actually afford to pay in
a lump sum. Your calculation should take into consideration your other living expenses. If you don’t have sufficient
funds to make a lump sum payment, try to calculate what you could pay in installments.
Step 2: Reach out to American Recovery Service to engage in debt settlement negotiations
Once you’ve calculated how much you can reasonably repay toward the amount owed, the next step is to try and
negotiate a settlement. Start by offering a lower percentage of the total amount owed, typically somewhere between
30% and 50% of the balance. Be
prepared to negotiate upward. If possible, offer a lump sum payment as creditors are more likely to accept a lower
amount if they receive an immediate payment.
Step 3: Memorialize the debt settlement agreement in writing
Before making a payment toward the debt, ensure you receive a written agreement outlining the terms of the
settlement. This is known as a debt
settlement agreement. The agreement should clearly state that the payment will settle the debt in full and
that they will not pursue any further legal action or collections.
To learn more about these debt settlement steps, watch our video guide below:
If you decide to engage in debt settlement negotiations, consider using smart tools to help you with the debt
settlement negotiation process, like SoloSettle, which is a
software that sends and receives settlement offers for you until you come to an agreement with the collector or
creditor. Innovative tools such as SoloSettle can make it much easier to fly solo in the credit card debt settlement
process, which can help you both save money and resolve your debts more efficiently than litigation.
Read American Recovery Service reviews online
If you’re looking for info on what people have shared about their debt collection experience with American Recovery
Service, then take some time to check out these real online reviews:
It’s fair to say the online reviews for American Recovery Service are not all glowing and positive. Nevertheless,
the mixed reviews should not stop you from engaging with ARS to try and reach a resolution to your debt issue.
Of course, if calling a debt collector to discuss a debt collection matter sounds terrifying, then try using SoloSettle to negotiate online and resolve your debt through our
innovative digital settlement platform.
Using inappropriate and profane language during phone calls
Calling consumers prior to 8:00 a.m. or after 9:00 p.m.
Making baseless threats such as claiming they can “destroy” your credit or that they can arrest you for breaking
the law
Calling consumers at their place of work
Contacting consumers multiple times per day or per week
Knowing your rights when dealing with debt collectors will keep them compliant with the law and ensure you are
treated fairly. Sadly, most consumers do not know their rights. You should learn more about FDCPA Violations to prep yourself for engaging
with debt collectors.
You have rights and protections under the Fair Debt Collection Practices Act
As mentioned earlier, consumers have the ability to turn the proverbial table and take legal action against a debt
collector. The statutory mechanism affording consumers the ability to initiate legal action is the Fair Debt
Collection Practices Act (FDCPA). The FDCPA is a federal law enacted in 1977 with the objective of protecting
consumers from being harassed and threatened by debt collectors who were using abusive and unethical tactics to try
and extract payments for delinquent debts. Under the FDCPA, a consumer possesses the following rights and legal
protections:
Dispute a debt and request no further contact from a collection agency
Tell the debt collector not to call them at work if such calls are not permitted by the employer
Request proof that a debt exists and the collector is authorized to request payment
Be represented by an attorney in a debt resolution case
Advice for Beating American Recovery Service in Court
If you are sued by American Recovery Service, you probably want insight and advice on how to prevail in court.
Fortunately, there are certain actions you can take to position yourself for victory in court. For example, simply
responding to the Complaint will set you apart from most consumers.
Debt collection lawsuits generally begin when the debt collector (i.e. American Recovery Service) filing a formal
Summons and Complaint alleging you owe a specific amount of money (i.e. the unpaid debt). The vast majority of
consumers opt to ignore the Complaint and do nothing. This is a big mistake since it means American Recovery Service
will simply file a motion requesting the Court enter a default judgment against you. If the Court grants the default
judgment, American Recovery Service will be empowered to take the following actions against you:
Garnish your wages
Place a lien on your personal property (e.g., car)
Freeze the money currently in your bank account
Do not let this happen to you. Take action and file a formal response to the Complaint. In your response, take the
time to highlight some of the glaring deficiencies and shortcomings in American Recovery Service's lawsuit. For
example, you should request that American Recovery Service produce evidence (e.g., documents) showing the following
basic information:
You are the person in fact responsible for repaying the alleged debt;
American Recovery Service possesses the right to take legal action against you; and
You owe the specific amount listed in the Complaint
Requesting evidence to establish these basic facts is important because it is not uncommon for these large debt
collection companies to sue the wrong person or to lack basic financial documents that show you actually owe the
alleged debt.
If applicable, you should also consider the expiration of the statute of limitations as an affirmative defense. The
statute of limitations is essentially the amount of time someone has to take legal action against another person or
company. If the facts of your case indicate that American Recovery Service filed a lawsuit after the expiration of
the statute of limitations, you could file a motion to have the debt collection lawsuit dismissed. SoloSuit can help
you navigate this process and in completing the necessary documents that should be filed with the court.
Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, Solosuit can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.
If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.
Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.
Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.
Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.
We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.
Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.
Don’t have time to go to your local courthouse to check the status of your case? We’ve created a guide on how to check the status of your case in every state, complete with online search tools and court directories.
Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in all 50 states.
Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.
Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.
We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.
You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.