We Defend You Against
Atlantic Credit & Finance, Inc.

The Langel firm defends consumers against New York state court collection lawsuits brought by Atlantic Credit & Finance, Inc. We defend against collection lawsuits, wage garnishments, and bank seizures. Payment plans are available. Whether you're facing credit card debt, medical debt, tuition bills, or other consumer debt, we can help. We focus on the area of judgment-enforcement defense involving wage garnishments, bank seizures, or lawsuits (summons and complaints).

Atlantic Credit & Finance, Inc. purchases defaulted consumer debt to collect and sue on them. Affiliated names include: Atlantic Credit & Finance Special Finance Unit, LLC, and Atlantic Credit & Finance Special Finance Unit III, LLC.

If you need help, call us at (888) 271-7109, or complete this form.

Is Atlantic Credit a Debt Collector? An FDCPA Case Study

In the case of Plummer v. Atlantic Credit & Finance, Inc. (66 F. Supp. 3d 484 (S.D.N.Y. 2014)), the plaintiff, a debtor, initiated a proposed class action against assignees of his credit card debt and a debt collection entity, accusing them of violating the Fair Debt Collection Practices Act (FDCPA). The second assignee, in response, moved to dismiss the case. However, the presiding judge, Analisa Torres, denied this motion, finding:

• The debtor managed to convincingly argue that the second assignee functioned as a debt collector under the stipulations of the FDCPA.
• The debtor also successfully claimed that the second assignee had made false representations, thus violating the FDCPA.
• The debtor argued that the second assignee was vicariously liable for the alleged FDCPA violations committed by the entity it enlisted.

Key Takeaway: Plummer v. Atlantic Credit & Finance holds that debt assignees and entities they employ for collection purposes can be held legally responsible for any FDCPA infringements.

Attorneys Representing Atlantic Credit & Finance, Inc. are not Excluded from the FDCPA, held the Court

The district court in Misleh v. Timothy E. Baxter & Associates (E.D. Mich. 2011) denied a motion to dismiss FDCPA claims against Atlantic Credit & Finance Inc.'s attorneys. The plaintiff consumer alleged that Atlantic Credit & Finance Inc.'s attorneys sent a letter to plaintiff's attorney, seeking to recover on a previous suit against the consumer. The plaintiff alleged that this letter violated provisions of the Fair Debt Collection Practices Act, which prohibit use of false, deceptive or misleading representations, or unfair or unconscionable means to collect or attempt to collect any debt.

Atlantic Credit & Finance, Inc.'s attorneys sought to dismiss the plaintiff's FDCPA claims, arguing that the FDCPA does not regulate communications with a consumer's attorney, but rather only regulates communications with individual consumers. While there is a split of authority on this issue amongst the Circuits, this court found that the provisions in the FDCPA concerning deceptive representations are not limited to representations made directly to debtors. Because there is nothing in the text of the FDCPA indicating that attorneys are exempt from the class of parties to whom deceptive representations can be made, the court permitted the plaintiff consumer's FDCPA claims to go forward.

Atlantic Credit & Finance, Inc.'s Motion to Dismiss is Granted, with Court Drawing Careful Distinction Between "Debt Collectors" and "Creditors"

In Perry v. Capital One Bank (C.D. Ill. 2008), the court granted a motion to dismiss made by several defendants, including Atlantic Credit & Finance, Inc. The plaintiff consumer alleged that a law firm acting on behalf of Atlantic Credit & Finance, Inc. violated the FDCPA when it called the consumer's workplace and continued to call despite being notified to cease telecommunications. Unfortunately, the pro se debtor failed to allege facts showing Plaintiff's employer prohibited such communications.

Atlantic Credit & Finance, Inc. and several other defendants argued that the FDCPA claims against them should be dismissed because the FDCPA only applies to "debt collectors." The court found that the plaintiff failed to allege that Atlantic Credit & Finance, Inc. was a debt collector (as opposed to a creditor) drawing the distinction as follows: A "debt collector" is one who uses any instrumentality of interstate commerce in any business with a principal purpose of collecting debts, whereas a "creditor" is any person who offers or extends credit creating a debt or to whom a debt is owed.

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Atlantic Credit & Finance was sued in a class action in connection with its relationship with Velocity Investments, LLC. See blog post here.

Atlantic Credit & Finance, Inc. Biographical Information

Atlantic Credit & Finance, Inc. is a foreign business corporation incorporated in Virginia and is principally located at 2727 Franklin Road SW, Roanoke, Virginia, 24014. It is licensed (#1308695) by the Department of Consumer Affairs to collect debts in the City of New York. Atlantic Credit & Finance Special Unit, LLC (#1386828) and Atlantic Credit & Finance Special Unit III, LLC (#1386831) are licensed by the Department of Consumer Affairs to collect debts in the City of New York, as well.

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More information to help with a wage garnishment:

• Receive a Notice of Garnishment? Here’s a Summary of New York Law
• How much of my wages can be garnished? Summary of New York Law
• Vacating a Default Judgment in New York: 8 Fine Points

Here is a list of New York City’s Marshals who enforce wage garnishments:

• City Marshal Ronald Moses
• City Marshal Bruce Kemp
• City Marshal Gregg E. Bienstock
• City Marshal Martin Bienstock
• City Marshal Henry Daly

Contact us to help you with this garnishment!