GCFS is a company that no debtor wants to hear from. This debt collector is known for taking aggressive action, including litigation, to obtain payment. Ignoring the collection letters and lawsuits won’t make GCFS go away. In fact, it could result in you ultimately paying more than you need to.
Once you start hearing from GCFS, there’s little chance the company will relent until it gets everything it says you owe. However, you do have options for settling the debt for less than the actual balance. If you’re ready to turn the page and get GCFS out of your life, give The Fullman Firm a call.
The Basics About GCFS
Also known as Greater California Financial Services, GCFS is a debt collector headquartered in California. The company buys old debt accounts – primarily credit card and consumer debts – and then engages in standard practices to collect payment. These include making phone calls and sending collection letters. GCFS will also file lawsuits when collection efforts don’t work.
Debtors have alleged numerous abusive practices against GCFS. They include:
- Making constant and harassing phone calls to debtors’ places of employment and family members
- Threatening to have debtors arrested
- Making defamatory remarks about debtors
- Filing baseless lawsuits
Know Your Rights As A Debtor
Debt collection companies, including GCFS, are limited in the types of collection practices they may use. State and federal laws are in place to curtail abuses and ensure the rights of debtors are protected. In general, a debt collector cannot harass a debtor or use intimidating, predatory, or threatening means to try to collect. It is against the law for a collector to:
- Call debtors at unreasonable hours of the day or night
- Call debtors at work after being told not to
- Use profane or obscene language over the phone
- Discuss an individual’s debt with his or her co-workers
- Fail to identify themselves as debt collectors
- Threaten to have debtors arrested over what they owe
GCFS Has Sued Me – Now What?
GCFS often files lawsuits against debtors, so there’s a good chance the company will sue you. A debt collection lawsuit begins with a complaint and summons. The complaint contains allegations, including the identity of the debtor and the amount owed. It’s important to read this document carefully. There are cases of individuals with common names (e.g. John Smith) being falsely identified as debtors and sued, even though they don’t owe anything. So be sure to check for errors and notify an attorney if you find one.
The summons is a court document instructing the debtor to answer the lawsuit. Debtors usually have 30 days after being served to file an answer. However, it’s a good idea to retain an attorney to help with this. Answers must contain certain information, and in a certain form, to be valid. They also have to be properly filed and served upon the plaintiff. An attorney can help you assert any legal defenses you may have, such as an expired statute of limitations.
It’s not a good idea to try to evade service of these court documents. Debtors mistakenly believe that if they avoid a process server long enough, the lawsuit will go away. But plaintiffs have other means of accomplishing service, so eventually, you will need to face the debt.
What To Expect After A GCFS Debt Lawsuit
If you fail to answer the lawsuit, GCFS can obtain a default judgment against you. However, if you legitimately owe the debt, GCFS will likely be able to obtain a judgment anyway. And that’s just the beginning of your legal and financial problems. Armed with a judgment, GCFS can actually collect on what you owe. That includes seizing money from your bank account, garnishing your wages, or placing a lien on your property. By the time a judgment is reached, there are usually attorney’s fees, court costs, and interest added on top of what you owe.
Fortunately, there is a possible solution to your debt woes, even if a judgment has already been entered against you: debt settlement.
How Our Firm Can Help
With the assistance of a knowledgeable debt settlement attorney, you can negotiate a payoff amount for your debt that is substantially less than what you owe. Debt settlement typically involves paying a lump sum in exchange for GCFS agreeing to not pursue the full amount you owe. It is available even if a lawsuit has been filed or GCFS has obtained a judgment in its favor. However, you usually have more leverage if you start the debt settlement process while GCFS is still sending you letters and making phone calls.
It’s not a good idea to attempt a debt settlement solution on your own. Our law firm has experience handling these debts and we know how to effectively negotiate on behalf of our clients. Also, some debtors are tricked into “settling” their debts when they actually still owe.
Here’s an example: a debtor will call the collector (GCFS, for example) and negotiate a payoff amount over the phone. The collector pretends to accept the deal – and takes your payment – but then comes back later to demand the rest of what you owe. Because the deal was negotiated over the phone, you have no proof of it and are stuck owing the balance. Debt collectors use similar dishonest tactics in written correspondence as well.
Let The Fullman Firm Serve You
Our firm is well-versed in the various tricks that debt collectors use, but we know how to truly settle your debt for less than what you owe. If you’re tired of being harassed by GCFS, let The Fullman Firm negotiate a debt settlement that saves you money, time, and stress. Call us today.
