Dealing with Apelles LLC Debt Collectors? Here’s What You Need to Know
Being hounded by debt collectors can be an incredibly stressful experience; especially when it’s a company like Apelles LLC that seems to have no chill. But don’t worry, you’ve got rights – and this article is going to break down exactly what those are, so you can deal with these jokers on your own terms.
Who is Apelles LLC?
Apelles LLC is a debt collection agency that’s been around since 2005. They’re based in New York, but they go after people all across the country for unpaid debts. From credit cards to medical bills to personal loans – if you owe money, Apelles might come knocking.Now, are they the actual worst? Well, they’ve got a D- rating from the Better Business Bureau, which definitely isn’t a good look. There are tons of complaints about them using shady tactics and not playing by the rules when it comes to debt collection laws.But here’s the thing – at the end of the day, they’re just a business trying to make money by getting people to pay up. And you don’t have to just roll over and let them bully you into paying debts you might not even owe.
Your Rights Under the Fair Debt Collection Practices Act
The most important thing to know is that you’ve got rights when it comes to dealing with debt collectors like Apelles, thanks to the Fair Debt Collection Practices Act (FDCPA).This federal law lays out a bunch of rules that debt collectors have to follow, like:
- They can’t harass or abuse you – so no threats of violence, using obscene language, or repeatedly calling to annoy you
- They can only call between 8am-9pm
- They have to identify themselves as debt collectors
- They can’t lie or mislead you about the amount you owe
- They have to verify debts if you request it in writing
Basically, the FDCPA makes it so debt collectors can’t just do whatever the heck they want to try and squeeze money out of you. They have to play by certain rules.And if Apelles or any other debt collector breaks those rules? Well, you could potentially sue them and get compensated for damages. More on that in a bit.
How to Respond When Apelles Contacts You
So let’s say Apelles starts blowing up your phone or sending letters demanding you pay up on some old debt. What should you do? Here are some tips:
Ask for Debt Validation
The first thing you’ll want to do is send Apelles a debt validation letter, which is your right under the FDCPA. In this letter, you’ll be requesting information that verifies the debt is really yours and details like the amount owed, the name of the original creditor, and proof that Apelles is authorized to collect it.Why is this important? Because debt collectors have been known to go after people for debts they don’t actually owe, either by mistake or through shady practices. By getting them to validate the debt, you protect yourself.You only have 30 days from first being contacted to request debt validation, so don’t drag your feet on this. Send that letter out certified mail and keep a copy for your records.
Don’t Give Them Anything Yet
While you’re waiting for Apelles to respond to your debt validation request, don’t give them any payments or provide personal information like your work details. You don’t have to acknowledge the debt is yours until they verify it.I know it can be tempting to just pay a little bit to make them go away, but that can actually reset the statute of limitations on outdated debts – giving them more time to potentially take you to court over it. Not a good move.
Negotiate If Appropriate
Okay, so let’s say Apelles does validate the debt and provides legit proof that you owe this money. Don’t panic – you still have options besides just paying the full amount.The first is to try negotiating a debt settlement. Debt collectors often buy up debts for pennies on the dollar, so they may be willing to accept a lump sum that’s less than the total owed to close out the account.Just make sure you get any settlement agreement in writing before paying up. And don’t provide payment info over the phone – that’s a common debt collector trick to try and reset your debt.If a lump sum isn’t possible, you can also try negotiating a payment plan on terms that work for your budget. The key is to get it in writing and stick to it.
Demand They Stop Calling
Another option if Apelles is getting out of line and not respecting debt collection laws? You can simply demand they stop contacting you, period. By law, they have to honor written requests to cease communication.Just be aware that this doesn’t make the debt go away – it just stops the harassment. They could still potentially take you to court over what you owe.
H2: Taking Apelles to Court
If Apelles violates your rights under the FDCPA, you may be able to sue them in civil court. This is allowed under a provision that lets consumers collect up to $1,000 in statutory damages, plus any actual damages they incurred (like lost wages from harassment).Some examples of FDCPA violations that could open Apelles up to a lawsuit:
- Calling before 8am or after 9pm in your time zone
- Continuing to call after you send a cease communication letter
- Using abusive, profane or threatening language
- Lying about how much you owe or their identity as a debt collector
- Talking to others besides you, your spouse, or attorney about the debt
Now actually suing a debt collector is no small thing – it takes time, effort and potentially hiring a lawyer depending on your state’s laws. But it may be worth exploring, especially if Apelles is being totally egregious.You could check out resources like the FDCPA website or NACA to learn more about your options. There are also Reddit communities like /r/debtcollectors where people discuss lawsuits against abusive collectors.
Statute of Limitations on Old Debts
One important thing to understand is that there’s a statute of limitations on how long a debt collector can sue you over an unpaid debt. This varies by state and type of debt, but generally it’s between 3-6 years from the last payment or account activity.So let’s say Apelles is going after you for a credit card debt that’s 8 years old with no payments. In most states, that debt would be past the statute of limitations – meaning they can’t take you to court over it.Of course, they may still try to collect by calling and sending letters. But if they threaten legal action, that could potentially be an FDCPA violation since the debt is too old to sue over.You can find your state’s statute of limitations for different debts on sites like Bankrate or by searching “[your state] statute of limitations debt” to verify if a debt is too old for court action.
When to Consult a Lawyer
For the most part, you can deal with Apelles and other debt collectors on your own by knowing your rights under the FDCPA. But there are some situations where it may be wise to consult a consumer lawyer:
- If you’re being sued over the debt, you’ll likely want legal representation
- If the debt is so old you’re unsure about the statute of limitations
- If the debt seems to belong to someone else (ex: a family member) and you’re being wrongly pursued
- If Apelles is blatantly violating debt collection laws like making threats or contacting others illegally
A lawyer who specializes in FDCPA cases and consumer rights can review your specific situation and advise you on the best way to proceed, including potentially countersuing Apelles for damages if they’ve broken the law.Legal aid organizations may be able to provide low-cost or free consultations if hiring a private attorney isn’t in your budget. You can check for these resources at Lawhelp.org.
Dealing with Apelles – The Bottom Line
Look, having a debt collector like Apelles LLC on your case is never fun. Their tactics can be super shady and they’ll probably try to bully or mislead you into paying up ASAP.But here’s the thing – you’ve got rights under the FDCPA that they have to respect. Don’t be afraid to:
- Demand debt validation
- Negotiate settlements or payment plans
- Tell them to stop contacting you
- Explore legal action if they violate laws
The key is being firm, documenting everything, and not letting them intimidate you into making rash decisions. You’ve got this!