TRS Recovery Services Debt Collector Relief: Your Complete GuideAre you being hounded by TRS Recovery Services about an old debt? Feeling overwhelmed and not sure what to do? You’ve come to the right place. As a leading consumer protection law firm, we specialize in helping people just like you deal with aggressive debt collectors and put an end to the harassment.First things first – don’t panic. You have rights and options, even if TRS is threatening legal action or telling you that you must pay immediately. In this comprehensive guide, we’ll break down everything you need to know to resolve your TRS debt once and for all. Let’s dive in.
Who is TRS Recovery Services?
TRS Recovery Services is a debt collection agency headquartered in Poway, California. They collect on various types of consumer debts, including credit cards, auto loans, medical bills, and more. TRS buys portfolios of delinquent debts from original creditors and then tries to collect the full amount from consumers.Like many debt collectors, TRS has faced complaints from consumers for alleged violations of the Fair Debt Collection Practices Act (FDCPA), such as harassing phone calls, failing to validate debts, and threatening illegal actions.1 If TRS is crossing the line in their collection efforts against you, know that you can fight back.
Your Rights Under the FDCPA
The FDCPA is a federal law that prohibits debt collectors from using unfair, deceptive, or abusive practices when collecting debts.2 Among other things, the FDCPA states that debt collectors cannot:
- Call you before 8am or after 9pm
- Contact you at work if you tell them not to
- Use profane or abusive language
- Lie or mislead you
- Discuss your debt with anyone besides you, your spouse, or your attorney
- Threaten legal actions they don’t actually intend to take
If TRS violates any of these provisions, you can sue them for damages and make them pay your attorney fees. Don’t let them trample on your rights. Stand up for yourself and hold them accountable.
Debt Validation: Make TRS Prove the Debt
One of the most powerful weapons you have against TRS is debt validation. Under the FDCPA, you have the right to request validation of the debt within 30 days of TRS’s initial contact with you. Once you do so, they must halt all collection activities and provide proof that you actually owe the debt and they have the legal right to collect it.3Many debt collectors, including TRS, buy debts secondhand with incomplete documentation. There’s a good chance they lack the paperwork needed to fully validate your debt. If they can’t substantiate their claim, you’re off the hook.Here’s a sample debt validation letter you can use:[Your Name]
[Your Address]
[Date]TRS Recovery Services
[Address on Their Letter]Re: [Account Number]To Whom It May Concern:I am writing in response to your letter dated [date] (copy enclosed) regarding the above-referenced alleged debt.Pursuant to my rights under the Fair Debt Collection Practices Act (FDCPA), I am requesting that you provide validation of this debt. Specifically, please provide the following:
- The name and address of the original creditor
- Proof that the original creditor sold or assigned this debt to you
- A copy of the original contract or agreement that created the debt
- An itemized accounting of the amount claimed to be owed, including principal, interest, fees, and other charges
- The date of the last payment made on this account
- Proof that this debt is within the applicable statute of limitations and is legally collectible
Please note that I am disputing this debt. Until you provide validation as requested above, you must cease all collection activities. Failure to do so may result in legal action against you for violating the FDCPA.If you do not provide proper validation within 30 days, I will consider this matter closed and will not engage in further communication with you regarding this alleged debt.Sincerely,
[Your Name]Send this letter via certified mail so you have proof TRS received it. If they fail to respond with adequate validation, you’re in the clear. Even if they do validate the debt, you still have options, which we’ll cover next.
Statute of Limitations on Debt
Just because you once owed a debt doesn’t mean you owe it forever. Every state has a statute of limitations on debt – a time limit for creditors to sue you to collect. In most states, it’s between 3-6 years for credit card and medical debts, but it varies based on the type of debt and your state’s laws.4If the statute of limitations has passed, TRS cannot legally sue you for the debt. In fact, it’s against the law for them to even threaten to sue you. The debt is considered “time-barred.”Be very careful, though. In some states, making a partial payment or acknowledging the debt in writing can reset the statute of limitations, giving TRS a new opportunity to sue. Play it safe and don’t discuss the debt with them at all if you think it might be time-barred.To figure out if your debt is past the statute of limitations, first determine which state’s law applies. It’s usually the state where you lived when you took out the debt. Then check that state’s statute of limitations for the type of debt. If TRS is still within the time limit, you’ll need to take a different approach.
Negotiating a Settlement
If TRS does have the legal right to collect from you, often your best bet is to negotiate a settlement for less than the full balance. Remember, TRS likely bought your debt for pennies on the dollar. They’re often willing to accept a reduced lump sum payment to resolve the account.Start by offering 10-20% of the total debt. So if you owe $1,000, propose a $100-$200 payment to settle in full. TRS will almost certainly counter with a higher amount. Don’t be afraid to go back and forth a few times until you reach a number you’re comfortable with. Aim to settle for no more than 50% of the original debt.Once you’ve agreed on an amount, get the terms of the deal in writing before you send TRS any money. Make sure the agreement clearly states that the payment settles the debt in full and releases you from any further obligation. You don’t want TRS coming after you again down the road.Here’s a template you can use:[Your Name]
[Your Address]
[Date]TRS Recovery Services
[Address]Re: Settlement Offer for Account [Number]Dear [Collector’s Name],As discussed on [date], this letter confirms the terms of our agreement to settle the above-referenced account in full.Upon receipt of this letter, I will submit a payment in the amount of [amount] via [payment method]. This payment will be made in exchange for your agreement to:
- Accept the amount of [amount] as settlement in full of the alleged debt
- Report the account as “paid in full” or “settled in full” to all credit bureaus to which you report
- Release me from any further obligation or liability on this account
- Cease all further collection activity on this account
Please confirm your agreement to these terms by signing below and returning a copy of this letter to me. I will issue payment within 5 business days of receiving your signed confirmation.Thank you for your cooperation in resolving this matter.Sincerely,
[Your Name]Agreed and accepted:
TRS Recovery ServicesBy: ____________________
Name:
Title:
Date:
Handling a Lawsuit
What if TRS does sue you to collect the debt? Don’t ignore it! Failing to respond to the lawsuit will result in a default judgment against you, which can lead to wage garnishment, bank account seizure, and other nasty consequences.Instead, file a written Answer to the lawsuit. In your Answer, deny any allegations you disagree with and assert any defenses that apply. Common defenses to debt collection lawsuits include:
- The debt is past the statute of limitations
- TRS lacks standing to sue because they can’t prove they own the debt
- TRS failed to properly validate the debt
- The amount TRS claims is incorrect
- You don’t owe the debt
- TRS violated the FDCPA or state fair debt laws
Filing an Answer shows TRS you’re not going to be an easy target. It may motivate them to dismiss the case voluntarily or offer you a favorable settlement. If push comes to shove, you’ll get your day in court to make TRS prove their case against you.Strongly consider talking to a consumer protection attorney in your area if you’ve been sued. Many provide free consultations and will represent you for no upfront cost if they think you have a good defense. It’s well worth getting professional help to avoid a judgment you can’t afford.
Protecting Your Credit
Dealing with TRS can do a number on your credit report and score. Fortunately, there are steps you can take to minimize the damage and start rebuilding your credit.First, regularly check your credit reports from all three major bureaus – Equifax, Experian, and TransUnion. You’re entitled to a free report from each bureau once a year.5 Go through the reports carefully and dispute any negative TRS entries that are inaccurate, incomplete, or too old to be reported.If you do settle the debt with TRS, make sure they agree to report the account as “paid in full” or “settled in full.” Settled debts still hurt your credit, but not as badly as unpaid ones.Moving forward, focus on adding positive information to your credit reports. Make all your payments on time, keep your credit utilization low, and avoid applying for new credit unless absolutely necessary. Over time, your credit will bounce back.
Putting It All Together
Dealing with TRS Recovery Services is never fun, but you have the power to fight back. Assert your rights, demand validation, and don’t be bullied into paying a debt you can’t afford or don’t really owe.If you need help, don’t hesitate to contact a consumer protection attorney or credit counselor. You don’t have to face TRS alone.