Debt Collector Harassment in Newark, NJ
Debt collector harassment is the intimidation, bullying, abuse, or coercion of consumers into paying off the money they owe. In Newark, New Jersey there are two things to consider when thinking about debt collection: harassment and misrepresentation. The presence of either of these things constitutes debt collector harassment and may require you to take legal action against the collector.
Debt Collector Harassment in Newark, New Jersey
Newark residents facing debt have a right to be free from harassment. Any debt collector pursuing a debt is legally bound to refrain from engaging in harassing activities, according the New Jersey Department of Consumer Affairs. Such activities can include, but are not limited to, threatening violence or harm, threatening to expose private information, using profane language, or falsely identifying as a member of a government agency. If you are experiencing any of these behaviors you should consider contacting an experienced attorney in Newark.
If you are a victim of any of these examples of harassment, you may have a right to sue the debt collector for violations of the Fair Debt Collection Practices Act (FDCPA). An experienced Newark attorney can help you identify your options and build a strong case.
Misrepresentations by a debt collector refer to someone making false claims or accusations or using false, deceptive, or misleading practices. This also includes misrepresenting any debt you may have. See some examples of this and other Illegal Debt Collection Practices below:
- The amount of money you owe
- False threats saying they will have you arrested
- Saying they are an attorney if they aren’t one
- Threats to do something that the debt collector has no intention of doing
- Threats to take actions that are not within the confines of the law
If you think any Newark, NJ debt collectors may have misrepresented themselves to you, it’s important to remember that you have options. Get in contact with an attorney that understands debt collector law.
Who Are Debt Collectors?
Most people don’t know what a debt collector is until they have one incessantly calling them about paying off debt. So, who are debt collectors? Who do they work for?
Collectors come from a debt collection agency that works with creditors who are owed debts. If you have outstanding debt in Newark such as credit debt, unpaid loans, and personal loans, your creditor may contact a debt collection agency. This agency then assigns a debt collector to your case.
When facing an outstanding debt, Newark residents could hear from a collection agency such as Advanced Recovery Group, AMS, or New Century Financial Services. The Better Business Bureau offers a list of accredited collection agencies in the Newark area.
What Should You Do If You’ve Been Harassed By a Debt Collector In Newark, New Jersey?
Step 1: Know Your Rights
If you think Newark debt collectors are harassing you, then it’s important to become familiar with the Basics of the Fair Debt Collection Practices Act. The FDCPA was passed in 1977 to protect consumers from collection agencies. If a debt collector violates any of the harassment or misrepresentation rules, the victim has a right to sue the collector for violation of the FDCPA.
Step 2: Collect Records
Have you been harassed in Newark, NJ by a debt collector? If so, it’s important to begin to gather evidence.
You should attempt to keep a copy of all written correspondence between you and the collection agency, including e-mails. Obtain phone records to show the frequency of calls, and keep a record of your payments. It’s also important to send a Stop Contact letter to the debt collector. Be sure to keep a copy of this letter for yourself. Once the letter is received the collection agency is no longer allowed to contact you, unless it is to inform you that a lawsuit will be filed. Consumer Reports provide sample letters you can use.
Step 3: Remain Calm and Act Deliberately
When you’re being abused or harassed by a bullish Newark debt collector, it’s easy to get angry and act impulsively. Unfortunately, this can cause you to say or do something detrimental to your case. Instead, try to remain calm and make all your actions deliberate and well-thought-out. Not only will this be better for keeping your stress levels low, but it will prove helpful if you go to court. You can show that you were respectful and calm while the debt collector was the one using abusive language.
Step 4: Ask for Debt Verification
If you’re constantly getting phone calls from Newark, NJ debt collectors harassing you about what you owe, you need to ask for debt verification. Not only will this show whether or not they are misrepresenting your debt, but the debt collector must also stop contacting you until they provide the information you requested. Debt verification should show the amount of debt you owe and the name of the creditor. You have 30 days to dispute the validity of the debt. If you don’t dispute the debt, the creditor will assume the debt is valid.
Step 5: Contact an Attorney
If you’re the victim of debt collector harassment, it’s time to stand up and fight back. You deserve to live a life free from abusive and repetitive phone calls. Newark attorneys that understand What to Expect When Suing for Debt Collection Harassment, and local debt collection laws, can help you make this possible. If the debt collector threatens to or does take legal action regarding your outstanding debts, working with an attorney becomes even more important.
Step 6: Present Your Case
By hiring an experienced Newark, NJ debt collector attorney, you have a better chance of winning the lawsuit and getting financial compensation for abuses such as phone harassment.
When you file suit against a collection agency you’ll be able to file in state or federal court. Depending on the parameters of your case it could be better to file in a state court, such as the Essex County Court, or a federal court, such as the U.S. District Court for the District of New Jersey. Remember, there is a statute of limitations to sue a debt collector for harassment. You’ll have only 1 year from the beginning of the harassment to file suit.
Work With an Experienced Newark, New Jersey Debt Collector Harassment Lawyer
If you’ve experienced debt collector harassment in Newark, NJ it’s time to put an end to it so you can move forward with life. There are laws in place to protect consumers from debt collectors. Legal assistance can help you to navigate these complex laws and defend yourself in court, if necessary.
Are you ready to find a debt collector attorney near you so you can finally fight back against the harassment? We can even help you connect with an attorney across New Jersey state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!