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:
Bay Area Receivables (BAR) is a debt collection agency that will not hesitate to sue you for past-due
debts. To settle, determine how much you can afford to pay and make an offer that’s slightly less than that.
Negotiate until you reach an agreement, then document the settlement in writing. Use Solo to
streamline this process.
A debt collection agency can purchase your debt if you've fallen behind on payments for months or years. Many
companies find chasing unpaid accounts difficult, so they sometimes hire an individual or company to follow up on it
or sell the debt. Bay Area Receivables is one company that buys long-standing debt, usually for pennies on the
dollar.
Below, we will share the following information to help you resolve debt with Bay Area Receivables:
How Bay Area Receivables operates
Your legal rights when dealing with them
How to respond to a lawsuit in case they sue you
How to settle the debt outside court
Let’s dive right in.
Settle debt with Bay Area Receivables
You can negotiate debt settlement at any stage of the collections process. SoloSettle makes it easy.
Bay Area Receivables is a debt collection agency. It is also known for purchasing old debts from creditors at a
discounted rate and reaching out to consumers to collect the full debt amount.
According to the Better Business Bureau (BBB), Bay Area Receivables Inc. was established in 1989 and serves the
Delmarva Peninsula and surrounding areas of Maryland. The company acquired Delmarva Collection Inc. in July 2020.
Bay Area Receivables can be contacted at the following:
Bay Area Receivables (BAR) helps collect for commercial and consumer businesses, medical accounts, and legal debts.
Among their specialties are activity reporting, credit bureau reporting, litigation services, debt recovery,
competitive rates, pre-collection programs, and online payment options
Read Bay Area Receivables reviews online
Looking for information on what other people have shared regarding Bay Area Receivables and engaging with them about
a debt? If so, then take some time to check out these online reviews:
Objectively speaking, the online reviews for Bay Area Receivables are up and down (some good, some not so good).
Nevertheless, there are some online reviews indicating that you can have a productive experience communicating with
Bay Area Receivables about your debt collection matter. Take, for example, a real example from a consumer named
Steven:
“I had a very pleasant experience. Talking to Jasmine there, She was very helpful and informative. I feel
confident that my matter will be resolved and cleared. It's about being nice and respectful to everyone. We
all
have difficult job duties to do at one time or another. So why not make it as pleasant as possible.”
Steven’s review highlights the power of proactively engaging with Bay Area Receivables. He contacted BAR and had a
pleasant experience with a representative. You could have a similar experience. Effective communication is
critically important.
Know your rights when Bay Area Receivables contacts you
It is important to understand that you have legal rights under the Fair Debt
Collection Practices Act. Also, the CFPB's new Debt Collection Rule went into effect on November 30, 2021.
The Debt Collection Rule clarifies what information the debt collectors must provide at the start of collection, how
consumers can exercise their rights, and how to communicate with Bay Area Receivables. Part of your rights is the
legal authority to send Bay Area Receivables a debt validation letter.
The Bay Area collection company must show proof of your debt after receiving the letter. More advantages to sending
the letter include:
You will know precisely what you owe–or you may owe nothing if they can’t prove the debt belongs to you.
It may put an end to them harassing you by phone and email.
It forces them to report the disputed debt, which may improve your credit score.
They may give up pursuing the debt after receiving the letter.
Other consumer rights under the FDCPA include:
Debt collectors cannot call you multiple times a day for the same debt.
Debt collectors must identify themselves and answer all your questions.
Debt collectors cannot call your friends, colleagues, or family members regarding your debt.
Debt collectors cannot threaten to confiscate your documents.
Debt collectors cannot threaten you with arrest or a lawsuit.
Debt collectors cannot use vulgar or abusive language when discussing your debt with you.
Debt collectors cannot call you before 8 a.m. or after 9 p.m.
Debt collectors cannot pretend to be attorneys, government agencies, or the police.
Use these steps to respond to Bay Area Receivables lawsuit
In cases of nonpayment, BAR may sue you, and it's essential to answer any lawsuit against you, regardless of whether
or not you owe the debt. You have 14–30 days to reply once you receive a Summons and Complaint. If you (the
defendant) don't respond or fail to show up in court, Bay Area Receivables (plaintiff) can seek a "default judgment"
against you (Federal Rule 37(b)(2)(v).
A default judgment is a ruling by judges or courts that favors a plaintiff. For example, Bay Area Receivables can
try to garnish your wages or access your bank accounts. A concern consumers have is whether they can vacate the
default decision. The short answer is Yes. But you must give valid grounds for not attending court or ignoring
Summons.
The following are steps to help you respond in good time with a strong defense. Don't like reading? Check out this
video instead:
1. Answer each claim listed in the Complaint
When you receive the Summons and Complaint, read it carefully. As you read the Complaint, you will notice that the
allegations are divided into consecutive paragraphs. Respond to each section of the Complaint with the exact number
provided. You can use the following three responses:
Admit—”this is true.”
Deny—”prove it.”
Deny due to lack of knowledge—”I don’t know.”
Most attorneys recommend that you deny as many claims as possible. This forces BAR to prove their claims are true,
and if they can’t, the case will likely be dismissed.
Let’s consider an example.
Example: Sue is being sued by Bay Area Receivables for an old credit card debt. She uses SoloSuit to respond to
the
lawsuit. In her Answer document, Sue denies the majority of the claims against her. When BAR receives her
Answer,
they realize the don’t have all the necessary documentation to prove their claims, so they decide to dismiss the
case voluntarily.
Your responses in step one state your denials of the claims made. But you must also list your affirmative defenses
that excuse or justify why BAR should lose the case. For instance, if you state the statute of limitations as a
defense, it limits the time Bay Area Receivables has to sue you to collect the debt.
If you skip a debt payment, the clock starts ticking towards expiry (unless you begin repayments), and your unpaid
debt becomes "time-barred" once the statute of limitations expires. For example, California's statute of limitations
on debt is six years.
Other affirmative defenses to debt collection cases are:
You do not own the debt account.
Your debt to the creditor has been canceled, so you are not responsible for it.
There was a payment or an excuse for the debt.
A partial payment was made on the debt.
You were a co-signer but unaware of your obligations.
Now, let’s consider another example.
Example: When Todd gets sued by Bay Area Receivables for an old debt in Maryland, he is shocked. After doing
some
research online, Todd learns that the statute of limitations on credit card debt is only three years in
Maryland. He
checks the last activity on the debt account and realizes the account has been inactive for almost four years.
Todd
uses SoloSuit to draft an Answer to the lawsuit, where he uses the expired statute of limitations as an
affirmative
defense. The case gets dismissed, and Todd is off the hook!
3. Send a copy of the Answer to Bay Area Receivables and file it in court
When you have completed your Answer document, file it immediately with the court. You can take it in person, mail
it, or file it electronically if the court permits. Make an extra copy of the Answer document and send it to Bay
Area Receivables' attorneys. To ensure delivery, send a certified copy of the Answer by USPS with a return receipt.
It costs money for the collection agency to contact you by letter, phone call, email, or text message. Consequently,
the agency is anxious to get you to pay part of the debt owed, and they may be willing to negotiate.
Follow these three steps to settle your debt with Bay Area Receivables:
Determine how much you can afford to pay, and make an offer that’s slightly less. This will give you room to
negotiate and reach an agreement.
Get the settlement agreement in writing. The document you need is a settlement agreement, also known as a
stipulated judgment if there is a lawsuit involved. Documenting the settlement will prevent future disputes or
discrepancies.
Pay the settled amount on time to avoid further legal action or wage garnishment. Failure to fulfill your end of
the agreement will break trust with Bay Area Receivables and make it harder for you to get back on track with
your debt.
Here is an example of how a settlement works.
Example: You owe your credit card company $2,000, and Bay Area Receivables buys the old account for $600 after a
charge-off. BAR contacts you to pay the debt, and you fail to deliver. A few months later, BAR files a lawsuit
against you. You use SoloSuit to respond to the lawsuit, giving yourself time to explore debt settlement
options.
With SoloSettle, you send a settlement offer to Bay Area
Receivables. After several rounds of negotiations, BAR settles for $1,000. They still profit even though you
only
pay half of the original debt.
Check out this video to learn more about how to negotiate a debt settlement with Bay Area Receivables:
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