The information provided on this website does not, and is not intended to, act as legal, financial or credit advice. If you need legal assistance regarding a collection notice, contact an attorney in your state. Additionally, we do not guarantee the removal of any item from these collection agencies. See Lexington Law’s editorial disclosure for more information.
Are you worried FMS Financial Solutions is a scam?
FMS Financial Solutions is operating as a debt collection company. If you’re confused by a collection listing on your credit report, make sure you attempt to verify the debt with the collection agency. If you’re wondering if your rights have been violated under the Fair Debt Collection Practices Act (FDCPA), contact your state Attorney General’s office, the Federal Trade Commission (FTC), the Consumer Financial Protection Bureau (CFPB) or a local attorney.
What to do after receiving a notice from FMS Financial Solutions?
First, be sure to read the notice very carefully and confirm that you really owe the money claimed by FMS Financial Solutions. Many people are scared of debt collection companies and will pay a statement immediately, without question. Instead, you should take the time to understand if you really even need to pay the notice.
Make sure you recognize the bill and are confident it is yours. Even if you think the bill is yours, consider seeking legal advice to confirm you are liable.
When you receive a notice from FMS Financial Solutions, send them a debt verification letter. This will mean they have to verify all details of your debt or stop further attempts at collection.
How to dispute an incorrect debt with FMS Financial Solutions
If you receive a collection notice from FMS Financial Solutions for a debt that isn’t yours, you can mail them a debt dispute letter. A debt validation letter requires the agency to validate the debt. They’ll need to prove:
• That the debt belongs to you
• That the debt is still active (i.e., the debt is within your state’s statute of limitations)
• That they’ve been given authorization by the original creditor to collect on the debt
If they don’t prove these things to your satisfaction, contact your state AG’s office or a private attorney to see what your options are. You have rights under federal law and you can report any debt collection agencies that violate them.
There are debt dispute letter templates available online that you can reference.
If I can't pay FMS Financial Solutions, will they negotiate a settlement?
Some people wonder if they should negotiate a settlement with a debt collection agency or just pay off the notice. If you settle, the collection account will stay on your credit report for up to seven years. This type of negative item will severely impact your credit score. You should only pay if you are confident that the debt is yours and the debt collection company has provided proof that they have the right to collect on it.
Note that paying debt collection agencies can get tricky too. Be careful to read the terms and conditions, as a debt settlement payment plan can end up costing you more than you expect.
Lastly, you can also request that the company delete the tradeline from your report in exchange for payment using a pay for delete letter. Keep written records of this agreement and the payments you’ve made. And never give a collection agency access to your bank accounts.
Ideally, the best-case scenario is to dispute the debt successfully if it isn’t yours or you are not liable for it. You may need to seek legal advice from a local attorney to assist you with this, as Lexington Law does not negotiate debt settlement on your behalf.
Can FMS Financial Solutions sue me?
Under the FDCPA, FMS Financial Solutions isn’t allowed to use threats to collect a debt. However, if you don’t pay a validated debt, they could sue you.
Can FMS Financial Solutions garnish my wages?
If FMS Financial Solutions takes you to court and they win a judgment against you, the court could garnish your wages for the debt owing and other incurred costs.
Can FMS Financial Solutions have me arrested?
The FDCPA states that debt collection agencies can’t threaten to arrest an individual for an unpaid debt unless the threat is valid. You cannot be arrested simply for an unpaid private debt, but you could be arrested if you ignore a court order regarding an unpaid private debt.
How FMS Financial Solutions can contact you
FMS Financial Solutions can only contact you under the specifications of the FDCPA.
• Phone calls must be made during “reasonable hours” only. This can vary for each state but generally means they can’t call before 8 a.m. or after 9 p.m. local time, unless you’ve requested that they call outside of those hours.
• You can tell debt collectors to stop calling your work because your employer prohibits it and they must listen.
• Debt collectors can contact you by mail, phone, fax, text, social media and email.
• Debt collectors are only allowed to call you a “reasonable” amount of times per week. Otherwise, it’s considered harassment and is illegal.
If FMS Financial Solutions is harassing you, make sure to keep a record of every time they’ve contacted you. Keep detailed notes about how they reached out (email, call, text), the time and the date. Making threats is also a form of harassment that you should note.
How to file a complaint against FMS Financial Solutions
When you have enough evidence and are ready to move ahead, file a complaint with the Federal Trade Commission (FTC), the Consumer Financial Protection Bureau (CFPB) and your state Attorney General’s office saying that your rights under the FDCPA have been violated.
Can I remove FMS Financial Solutions from my credit report with a pay-for-delete letter?
Even after you pay off debt in collections, it can still be reported as a negative item on your credit report for years. You can attempt to remove it from your credit report by sending the collection company a pay for delete letter. A pay for delete letter is a negotiation tactic where you offer the collection company to pay off your entire debt—often more—in exchange for removing the negative item from your credit report.
If you’re considering sending a pay for delete letter, make sure you have the funds to pay off the amount in collections. We also recommend that you research if your collection company has been receptive to pay for delete letters in the past.
Will an account with FMS Financial Solutions affect my credit score?
Yes, if you have an outstanding notice tied to your name with FMS Financial Solutions, it could impact your credit score. Any collections can stay on your credit report for up to seven years and could negatively affect your score.
How to remove FMS Financial Solutions from my credit report
If you dispute the notice and FMS Financial Solutions can’t verify it, it could be removed from your credit report. Lexington Law Firm is a professional credit repair organization that helps individuals remove false, unsubstantiated, unfair or inaccurate negative items, such as charge offs, from their reports. Contact us today if you need help removing these items from your credit report.