Greenberg Minasian, LLC

Counsellors At Law

Fair Debt Lawyers in New Jersey


Do you avoid answering the telephone? Are you worried about debt collectors and their threats? You don't have to hide anymore. We at Greenberg Minasian, LLC specialize in representing consumers in Fair Debt cases and we are here to help you.

In 1978 the federal government enacted the Fair Debt Collection Practices Act or FDCPA. The purpose of the FDCPA is to eliminate abusive practices in the collection of consumer debt. It also gives consumers an outlet for disputing and obtaining validation of debt information so as to ensure the accuracy of it. In other words, a way to make sure you actually owe what the debt collector says you owe. There are very specific guidelines that were created under the FDCPA and the debt collectors MUST follow these guidelines. Unfortunately, they don't always do so.

Testimonials

Greenberg Minasian, LLC was recently approached by an individual who received a call from a debt collector. The debt collector indicated that a bill was owed for a rental vehicle and if the bill was not paid immediately, the debt collector would "mess up his credit." The client was unaware that he owed any such bill and asked for some written verification that the debt. Rather than provide proof of the debt, the debt collector merely threatened litigation and threatened to negatively impact his credit score. Concerned as to how this alleged bill would affect his credit score, he was tempted to pay the bill even though he was fairly sure that it was not owed.

However, he contacted Greenberg Minasian, who immediately filed suit. The debt collector was unable to establish that the debt was owed. Not only was the client relieved of any debt, but the debt collector was forced to pay money damages for various violations of the Fair Debt Collection Practices Act. The money Greenberg Minasian recovered for the client included payments for the client's emotional distress, as well as reimbursement of all of his costs and attorney's fees. Because the settlement agreement included a confidentiality agreement neither the amount of the settlement nor name of the parties can be disclosed.

Greenberg Minasian has filed numerous actions on behalf of individuals who have been harassed by debt collectors for debts they do not owe, debts that were discharged in bankruptcy or for debt that were owed but the debt collector engaged in tactics which violated the Fair Debt Collection Practices Act. Through litigation, Greenberg Minasian has been able to force these Defendants to cease engaging in these wrongful actions, as well as compensate their clients for their damages.

Fair Debt Collection

Under the Fair Debt Collection Practices Act, consumers are afforded certain rights when a debt collector or creditor is attempting to collect money from them. Debt collectors frequently violate this act and their violation of this act affords you with certain remedies including statutory monetary damages payable by the debt collector to you. Please contact our firm for a consultation if you feel your rights have been violated.

Some potential violations of the Fair Debt Collections Practices Act include the following:

  • A debt collector's repeated efforts to contact you after being advised in writing to cease any further contact
  • A debt collector contacting individuals other than you or your attorney with regard to your debt
  • A debt collector contacting you at work after being advised to cease doing so
  • A debt collector failing to place proper written notice on your written communication as required under the Fair Debt Collection Practices Act
  • A debt collector harassing you by using profane language, publish a list of consumers who refuse to pay their debts (except to a credit bureau), repeatedly using the telephone to annoy someone, or calling before 8AM or after 9PM or calls at inappropriate times
  • A debt collector setting forth false or misleading statements with regard to your debt such as tell you that they are attorneys or government representatives, when in fact, they are not; falsely imply that you have committed a crime; misrepresent that they operate or work for a credit bureau; misrepresent the amount of your debt; indicate that papers being sent to you are not legal forms when they in fact are; state that you will be arrested if you do not pay your debt; threaten to seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so; threaten that actions, such as a lawsuit, will be taken against you, when such action legally may not be taken, or when they do not intend to take such action.
  • A debt collector implying that you have committed a crime
  • A debt collector misrepresenting the amount of the debt or the status of the debt, the threat litigation.
  • A debt collector giving false credit information about you to anyone, including a credit bureau.
  • Debt collectors may not engage in unfair practices when they try to collect a debt such as collecting an amount that is greater than your debt, unless your state law permits such a charge; deposit a post-dated check early or use deception to make you accept collect calls or pay for telegrams; take, or threaten to take your property unless this can be done legally, or contact you by postcard.
  • If you believe a debt collector has violated the law, you should contact our office for a consultation as to filing a law suit in state or federal court. The time frame to file a claim under the Fair Debt Collection Practices Act is one year from the date the law was violated. You may recover damages for what you suffered, plus court costs and attorney's fees. If you feel you have a legitimate claim against a creditor or debt collector, please contact us for a consultation. All consultations may take place in person or by phone.

This is a list of just some things which debt collectors CANNOT do:

  • They cannot call you before 8:00 am or after 9:00 pm.
  • They cannot call you at work after being verbally or in writing told that it is not acceptable.
  • They cannot contact a consumer known to be represented by an attorney.
  • They cannot continue to contact you after being advised in writing of a request for verification of a debt until they provide you with the verification.
  • They cannot misrepresent the debt or use deception to collect the debt; For example, they cannot misrepresent that they are an attorney or law enforcement officer or give you the wrong amount of the debt.
  • They cannot publish your name on a "bad debt list".
  • They cannot seek unjustified amounts of money which is not permitted under the contract or under the law.
  • They cannot use abusive or profane language.
  • They cannot threaten arrest or legal action that is either not permitted or not actually contemplated.
  • They cannot discuss the nature of the debt with third parties [other than an attorney for the consumer or spouse] and they cannot threaten to do so.
  • They cannot use forms of embarrassing media - such as a post card for all to see.
  • They cannot report false information on your credit report, or threaten to do so in the process of collection [See our section under the Fair Credit Reporting Act]
This is a list of just some of the things debt collectors MUST do:
  • They must identify themselves and notify the consumer in every communication, that they are a debt collector, and that information received will be used to effect collection of the debt.
  • They must notify the consumer of the right to dispute the debt, in part or in full, with the debt collector. There is a 30 day validation notice which must be sent by the debt collector within 5 days of the initial communication with the consumer.
  • They must give the name and address of the original creditor if the consumer makes a written request of same within 30 days of receiving the validation notice or cease collection activity.
  • They must provide verification of the debt if the consumer requests it in writing within 30 days of the validation notice or cease collection activity. Disputes during this period must be reported to the credit reporting agencies.
  • Any lawsuit must be filed only where the consumer lives or where the contract was signed.

FAQs

Q. Who is considered to be a debt collector?
A debt collector is a very broadly defined term. It includes any person who collects or attempts to collect debt due, or asserted to be due, to a third party. The definition now also includes attorneys, if they otherwise meet the definition of a debt collector under the FDCPA. Debt purchasers are also now included in the definition of debt collector, even though they now are collecting on their own debt.

Q. What types of debt are covered under the FDCPA?
The FDCPA specifically covers personal and non-commercial transactions. For instance, credit card debt, auto and home loan debt, medical debt and the like. It does not cover debts owed by a business.

Q. What can you do if the debt collectors either do what they cannot, or fail to do what they must?
As a consumer, if the debt collector violates the scope of the FDCPA, you have the right to file a lawsuit in either state or federal court. You have the right in the lawsuit to collect damages from the debt collector. You do not even have to prove that you had any actual damages as a result of the violation. You may be entitled to up to $1000 plus reasonable attorney fees.

If you believe that you have been a victim of debt collector harassment, or collection practices which violate the law, you should call our office today and speak with one of our knowledgeable attorneys about your rights.

If you have filed for bankruptcy and have been contacted by debt collectors after your bankruptcy, they probably have violated the FDCPA. If so, we will file a complaint on your behalf and ask the court to issue a fine of up to $1000, or your actual damages. You will not be charged any attorney fee if the court does not rule in your favor. Don't hide anymore and don't let your rights slip away.

Unlike the large, impersonal national firms, we are a local New Jersey firm and we can offer you the individual attention that you need with these delicate and very personal issues. Why?

  • When you contact us you will be able to speak directly with an attorney.
  • Mr. Greenberg or Mr. Minasian will personally review your file.
  • You will receive personalized attention from our staff, you are not a number.
  • We do not refer any of our clients to other firms to cover court appearances.
  • We do not use other law firms as local counsel like the national law firms.
  • We are familiar with the local and national debt collectors and know their tricks.
  • We are familiar with the local rules.
Call Greenberg Minasian, LLC today for assistance with all of your consumer needs. We are here to help you!

 

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