Debt causes enough stress without harassment from debt collectors. The good news is that you do not have to deal with this on your own.
The Lynch Law Firm, PC’s New Jersey debt collection harassment lawyers have in-depth knowledge of state and federal law on harassment from debt collectors. We know what steps to take to end harassment and limit communication from debt collectors. Our experienced debt collection harassment attorneys can also pursue compensation for violations of federal and state law and for emotional damages.
Our attorneys have received numerous accolades: James S. Lynch and Brian A. Held are lifetime members of the Multi-Million Dollar Advocates Forum, making our firm the first in the state to have two lifetime members in this prestigious organization.
Contact our firm right now for a free, no obligation legal consultation.
Some consumers make the mistake of thinking they have to pay a debt simply because a debt collector contacted them. While consumers are responsible for many of the debts they are contacted about, this is not always the case.
The first thing you should do when you are contacted by a debt collector is verify that the debt is still valid. Collectors sometimes call or send letters to consumers about debts that are past the statute of limitations and can no longer be collected.
Fortunately, the federal Fair Debt Collection Practices Act (FDCPA) and New Jersey’s Fair Debt Collection Practice Act require debt collectors to provide a written notice with the following information within five days of contacting you:
Once you request the name and address of the original creditor, the FDCPA prohibits the debt collector from continuing collection efforts until you receive the information.
Review the information from the debt collector and confirm that the statute of limitations on the debt has not expired.
A statute of limitations on debt collection is a deadline for collecting a debt. Once the statute of limitations expires, collectors can no longer try to collect the debt or pursue legal action against you.
These are New Jersey’s statutes of limitations on common consumer debts:
If the statute of limitations has expired or the information you receive from the debt collector does not match the information you have about the debt, you can dispute it. Send a letter using certified mail contesting the validity of the debt.
The New Jersey debt collection harassment lawyers at the Lynch Law Firm, PC can help you throughout this process by:
While there is no requirement that you hire a New Jersey debt collection harassment lawyer to handle these things, debt collectors often do not take consumers seriously.
Hiring a New Jersey debt collection harassment lawyer escalates the situation and shows the debt collector that you are serious about protecting your rights.
Schedule your free, no obligation legal consultation with our attorneys right now. Call (800) 518-0508 .
All you have to do to put a stop to contact from the debt collector is send a letter via certified mail explaining that you do not want to receive any more communication. Once the debt collector receives the letter, he or she can only contact you for the following reasons:
The Consumer Financial Protection Bureau has a sample letter that you can download, fill out and send to the debt collector to ask for an end to communication. There are also other sample letters for requesting information about the debt, asking the debt collector to contact your attorney, disputing the debt, and specifying when the debt collector may contact you.
Contact our New Jersey debt collection harassment lawyers to find out how we can help. (800) 518-0508
It does not matter how much money you owe, or to whom: federal and state law prohibit various forms of harassment, abuse or misrepresentation by debt collectors.
The federal FDCPA and New Jersey’s FDCPA have strict regulations on debt collectors contacting consumers:
The FDCPA also prohibits the following forms of harassment by debt collectors:
The New Jersey FDCPA prohibits conduct by debt collectors that is intended to harass, intimidate or abuse any person to collect a debt.
The federal FDCPA has strict regulations about debt collectors misrepresenting themselves or the debts they are pursuing. The following types of conduct are prohibited:
New Jersey’s law includes some of the same prohibitions and also states that debt collectors cannot use false or deceptive representation to collect a debt.
Debt collectors are also limited in how they can collect money to pay the debt. The FDCPA prohibits all of the following actions:
If you feel you have been harassed by a debt collector, contact our New Jersey debt collection harassment lawyers today.
Our New Jersey debt collection harassment lawyers can determine if you can file a lawsuit against the debt collector for harassing or abusive conduct. We may be able to recover compensation for all of the damages you have suffered.
Under the Telephone Consumer Protection Act, it is illegal for anyone to use an automatic telephone dialing system or a prerecorded voice to call someone else. This includes calls made for debt collection.
You can file a legal claim to obtain actual monetary losses from a violation of this act, or $500 for each violation, whichever amount is greater.
If you receive any communication that you feel is harassing or abusive, keep a record of it. This includes phone calls, voicemails, texts and any other communication. This could be crucial evidence if you file a claim for harassment against the debt collector.
The next step is to contact our New Jersey debt collection harassment lawyers. We may be able to file a lawsuit against the debt collector for violations of the federal FDCPA or New Jersey’s law.
We will use any records you kept to help draft a strong claim in defense of your rights. We can also conduct a more in-depth investigation, including:
The FDCPA and New Jersey’s law have the same standard for proving liability in a debt collection harassment claim. We must prove that the debt collector violated the provisions of either law and did so intentionally and not because of some bona fide error.
The defense will attempt to show by a preponderance of evidence that the debt collector’s violation of the law was an error and not intentional.
If we successfully prove that the debt collector broke the law, federal and state law allow you to recover up to $1,000 in statutory damages. The amount you receive will depend upon the severity, frequency and duration of the harassment or abuse you were subjected to.
Our New Jersey debt collection harassment lawyers may also be able to recover compensation for attorneys’ fees and actual damages, such as stress-related injuries, like:
Our attorneys will thoroughly investigate your case to determine all of the damages you have suffered. We will build a strong case in order to help you obtain the full amount of compensation you deserve.
Debt collection harassment is not only tough to handle: it is illegal under state and federal law. The New Jersey debt collection harassment lawyers at The Lynch Law Firm, PC can help you fight back.
Our attorneys are prepared to handle all communication with the debt collector so we can protect your rights. We will work to validate the debt and file a lawsuit if you are subject to any form of harassment, abuse or misrepresentation in violation of the federal or state Fair Debt Collection Practices Act.
Contact our debt collection harassment attorneys today to schedule a free, no obligation legal consultation to discuss your rights and find out how we can help you.
Call our New Jersey debt collection harassment lawyers right now. (800) 518-0508