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:
ERC Collections is a legit debt collector. To settle your debt with ERC Collections, ask
the agency to validate the debt, know your rights, and negotiate for a lower settlement or payment plan to
resolve
the issue. Use Solo to streamline the process.
Dealing with debt can be a stressful and emotional experience. If you’re facing calls and letters from ERC
Collections, you might feel anxious, overwhelmed, or even ashamed. These feelings are common, and you’re not alone
in this.
The good news is that there are steps you can take to regain control of your financial situation, settle the debt,
and stop the collection calls.
Like many debt collection agencies, ERC Collections will follow up on the money you owe to their clients. However,
that doesn’t mean you’re powerless. Understanding your rights and knowing how to respond can make all the
difference. Whether you’re looking to negotiate, settle the debt, or dispute it entirely, you have options, and this
article will guide you through this process.
Settle debt with ERC Collections
You can negotiate debt settlement at any stage of the collections process. SoloSettle makes it easy.
The acronym “ERC” stands for Enhanced Recovery Company. This limited liability company was founded in 2001 (though
it waited until 2010 to fully incorporate). ERC describes itself as a “collection agency and market research
company.” It is important to note that ERC utilizes an alternate business name, Enhanced Resource Centers.
ERC typically works at the behest of different creditors. It partners with them to collect overdue accounts from 180
days and above. Its aim is not to frustrate you but to help its clients stay in business by recovering money owed to
them. ERC's annual revenue is estimated to be around $102 million, and it has close to 2,500 employees across
various parts of the country.
Who does ERC Collections collect for?
ERC collects for creditor clients in the following industries:
Banks
Credit unions
Financial service providers
Cable television service providers
Telecommunications
Utility service providers
Student loan companies
When you see a credit report entry with ERC’s name, the chances are high that you owe money to one of the above
creditors. Do not dismiss the lawsuit they sent you; instead, confirm the debt's legitimacy.
Read ERC Collections reviews online
Debt collection agencies receive mixed reactions from consumers who have dealt with them in the past. As you
interact with the various comments, have an open mind and see it as an opportunity to address your debt because
ERC's intention is not to complicate your life but to help you resolve your debt. Here are sample reviews to look
at:
Your experience with ERC can be positive once you set your mind to wanting to become debt-free by clearing your debt
with them. Saula had a good experience with this mindset, and here is what she had to say:
“I negotiated my collection bills down quickly, and for the first time, I felt in control. I had been
putting
this off for years and was really nervous to call, but it was super easy. They take your calls on a secured
line
so you can make safe payments without worrying about them stealing your credit card information. I can't
wait to
see my credit score go up!”’
If you’re like most people, you probably don’t want to spend your free time talking to debt collectors. Saula’s
experience shows that working with collectors like ERC Collections can be a quick and simple process if you don’t
ignore the calls. Be proactive and engage with collectors to improve your chances of settling your debt for less.
To prepare yourself to negotiate with ERC debt collectors, learn about your rights granted by federal law.
Know your rights when ERC Collections contacts you about a debt
ERC Collections, like many debt collection agencies, operates under specific guidelines outlined by the Fair Debt Collection Practices Act(FDCPA). These rules are designed to ensure debt collectors treat
consumers fairly and respectfully during the collection process. Here are some key protections the FDCPA provides:
Debt collectors can never contact you when you are working.
Debt collectors cannot use rude or vulgar language when talking to you on the phone or in emails or texts.
Debt collectors are not allowed to threaten lawsuits.
Debt collectors cannot contact you before eight in the morning or after nine at night.
These rules can help you address debt collection efforts more effectively and ensure you’re treated fairly.
Here's what to do when contacted by ERC Collections
If ERC Collections contacts you via phone, email, social media, etc., regarding a delinquent account or other debt,
make sure to document every interaction. You should also make copies of every piece of correspondence that you
receive from this debt collection company and every correspondence you send in return.
Before you agree to make any payments, it's a good idea to request a debt validation by sending a debt validation letter to ERC
Collections. ERC Collections must validate the debt with the following information:
The amount of the debt.
The name of the creditor.
The collector will assume the debt is valid unless the consumer sends them a Debt Validation Letter within 30
days.
If you send the collector a Debt Validation Letter, they will need to mail you validation of the debt.
If you send them a Debt Validation Letter, they will need to mail you the name and address of the original
creditor.
If ERC Collections cannot provide this information, they must cease collection efforts until they can properly
validate the debt.
Defend yourself in a debt lawsuit against ERC Collections
If ERC Collections decides to file a debt collection lawsuit against you, you can save the money and stress of
finding an attorney to represent you. Represent yourself with the help of Solo.
The first step to defending yourself is to file a written Answer to the case in court. It's best to be bold and
aggressive in your response and to ensure it is filed on time.
Answer each claim listed in the Complaint, and deny as many as possible.
Assert your affirmative defenses.
File the Answer with the court and send a copy to ERC Collections.
Now, let's take a closer look at these three steps.
Answer each claim listed in the Complaint
The Complaint document usually includes a list of all the allegations ERC Collections is making against you. In your
Answer, you should include a list of responses to each allegation from the Complaint. Use one of the following
responses for each claim:
Admit.
Deny.
Deny due to lack of knowledge.
Most attorneys say it's best to deny as many allegations as possible. This forces ERC Collections to do the work to
prove their claims against you. If ERC doesn't have the proper documentation to prove their case, the lawsuit will
likely be dismissed.
When you respond to the debt collection lawsuit, you have the chance to explain your situation and why you may not
be responsible for the debt. Also, remember that the company must prove that you are the person who owes the debt
and owe the alleged amount. This means ERC Collections is obligated to prove the following:
ERC Collections retains the right under federal and/or state law to actually file suit against you.
They must verify that you are actually the person who owes the debt.
You owe the money listed by ERC Collections in the complaint filed in court.
Depending on the facts of your case, you might argue that ERC Collections did not file the suit within the required
statute of limitations. The statute of limitations states that a
lawsuit must be filed within a given timeframe.
If the case facts show that ERC Collections sued you for debts where the statute of limitations lapsed, you may file
a motion to dismiss the suit with prejudice.
Also, think about filing a countersuit against ERC Collections if you have evidence that proves ERC Collections
violated the FDCPA when they contacted you to repay a debt. If you possess proof that ERC Collections violated this
law, you may be eligible to pursue compensatory damages. They may have to pay your attorney fees, too.
File your Answer with the court, and send a copy to ERC
After you've drafted your Answer with your responses and affirmative defenses, you're ready to submit it to the
court. Make sure to file your Answer before the deadline, which is 14-35
days, depending on which state you live in.
Make a copy of the Answer, and send it to the attorneys representing ERC Collections. Their address should be listed
in the court documents that notified you of the case. Send a copy of the Answer via USPS-certified mail with a
return receipt request. This will serve as proof that you sent it properly.
Note that filing an Answer will block a default judgment, but it’s only the first step to resolving a debt lawsuit.
You must attend all hearings and trials or negotiate before the court date to settle without the traditional legal
process. SoloSettle can help you negotiate online and avoid going
to court altogether.
How to settle debt with ERC Collections
Resolving debt with ERC Collections can feel overwhelming, but you can do it with a clear plan and the right
approach. Here’s a step-by-step guide to help you manage the situation:
Take a close look at your financial situation to determine what you can manage to pay the debt, whether you plan
to offer a lump sum or negotiate a new payment plan.
Once you’ve reviewed the debt and assessed your finances, contact ERC Collections to begin discussions.
If possible, offer to settle the debt for a reduced amount. Collection agencies often agree to partial payments
to close accounts quickly. Alternatively, propose a payment plan that aligns with your budget if a lump sum
isn’t possible.
Before making any payments, request a written agreement outlining the settlement terms or payment plan.
Stick to the agreed terms by making payments on time. Keep all receipts and records of payments in case you need
them for future reference. Consider a lump sum payment when possible, as debt collectors are much more likely to
work with you on a reasonable settlement if they’re not risking another default.
Learn more about how much to offer to settle your debt, and other negotiation tips, in the following video.
Overview of actions to take if ERC Collections sues you
Here's a quick recap of actions to take if ERC Collections sues you:
Know your rights under the FDCPA.
Write down any telephone call details if they call you before 8 am or after 9 pm. Also, write down if they
contact you at work and/or use abusive and threatening language.
Send a Debt Validation Letter.
Represent yourself in court by filing a written Answer to the case.
Respond to reach claim from the Complaint.
Assert your affirmative defenses.
File the Answer before the deadline and send a copy to ERC Collections.
Negotiate with ERC Collections to settle your debt.
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.
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