The two primary areas of the firm's services are described here.
A word of caution: please do not mistake the general guidelines discussed on this page as legal advice. A thorough evaluation of the all the facts
surrounding your situation is necessary before any lawyer can provide you with a competent opinion.
A word of caution: please do not mistake the general guidelines discussed on this page as legal advice. A thorough evaluation of the all the facts
surrounding your situation is necessary before any lawyer can provide you with a competent opinion.
Claims under the Fair Debt Collection
Practices Act
Federal law regulates the conduct for debt collectors. One of
the law's purposes is to "level the playing field" so that a
responsible debt collector is not unfairly disadvantaged by
those whose unsavory tactics yields greater returns.
Congress chose to encourage victimized consumers to bring
claims.
The Fair Debt Collection Practices Act also authorizes class
action suits. The individuals who successfully bring the suit
recover as if they brought an individual claim but the class
members recover up to 1% of the debt collector's net worth.
Our firm has experience with both individual claims and class
actions which we commence in many federal courts throughout
the country.
If you think you may have a claim, it is very important that you
save all documents and letters, as well as all recorded telephone
answering machine or voicemail messages.
Practices Act
Federal law regulates the conduct for debt collectors. One of
the law's purposes is to "level the playing field" so that a
responsible debt collector is not unfairly disadvantaged by
those whose unsavory tactics yields greater returns.
Congress chose to encourage victimized consumers to bring
claims.
- First, Congress allows consumers to recovery up to
$1,000 over and above any actual losses - even when the
consumer suffers no actual losses.
- Second, Congress allows consumers to have their
attorney's fees paid by the violating debt collector. As
private attorneys general, consumers' attorneys enforce
the debt collectors' standard of conduct.
The Fair Debt Collection Practices Act also authorizes class
action suits. The individuals who successfully bring the suit
recover as if they brought an individual claim but the class
members recover up to 1% of the debt collector's net worth.
Our firm has experience with both individual claims and class
actions which we commence in many federal courts throughout
the country.
If you think you may have a claim, it is very important that you
save all documents and letters, as well as all recorded telephone
answering machine or voicemail messages.
Defending A Debt Collection Lawsuit
We believe that, like everyone else who files a lawsuit, creditors
and debt buyers should possess the evidence necessary to
prove their cases. We are not aware of any special exception
which permits a debt collector to simply assert a claim and shift
the burden of proof to the consumer to disprove the claim. Our
strategy is to compel creditors and debt buyers to meet the
same obligation as every other plaintiff. It is just a matter of
fairness.
Once the creditors demonstrate that they have the necessary
evidence, we can then address, based on the particular
circumstances of each case, defenses and consider settlement
discussions.
Our experience is that most consumers do not defend these
cases and, as a result, the courts have little choice but to grant
default judgments. The practical side is that many consumers
who find themselves in debt do not defend these cases even
when they think the debt claim is wrong or for an inaccurate
amount. There are many reasons other than admitting the debt
but, when the consumer defaults, there is little a court can do.
However, as news of errors and outright fraud continues to
mount, the integrity of our courts are undermined because
default judgments are entered based on fraudulent or
erroneous documents. Unless debt collection cases are properly
defended by compelling creditors and debt buyers to have the
necessary evidence when a case is filed, they have no incentive
to ensure that they possess accurate and sufficient proofs. We
believe that our approach not only protects our clients' rights
but also promotes the integrity and credibility of our courts.
We believe that, like everyone else who files a lawsuit, creditors
and debt buyers should possess the evidence necessary to
prove their cases. We are not aware of any special exception
which permits a debt collector to simply assert a claim and shift
the burden of proof to the consumer to disprove the claim. Our
strategy is to compel creditors and debt buyers to meet the
same obligation as every other plaintiff. It is just a matter of
fairness.
Once the creditors demonstrate that they have the necessary
evidence, we can then address, based on the particular
circumstances of each case, defenses and consider settlement
discussions.
Our experience is that most consumers do not defend these
cases and, as a result, the courts have little choice but to grant
default judgments. The practical side is that many consumers
who find themselves in debt do not defend these cases even
when they think the debt claim is wrong or for an inaccurate
amount. There are many reasons other than admitting the debt
but, when the consumer defaults, there is little a court can do.
However, as news of errors and outright fraud continues to
mount, the integrity of our courts are undermined because
default judgments are entered based on fraudulent or
erroneous documents. Unless debt collection cases are properly
defended by compelling creditors and debt buyers to have the
necessary evidence when a case is filed, they have no incentive
to ensure that they possess accurate and sufficient proofs. We
believe that our approach not only protects our clients' rights
but also promotes the integrity and credibility of our courts.
I just was served with a lawsuit. What do I do?
Is there a time limit on my claim?
- Get to an attorney as soon as you can. You must file an
answer before the time expires. The time period is
different in every state. Your case is much more difficult
to defend if you are out of time or a default judgment has
been entered. Look for an attorney experienced in
defending these cases. Try your local bar association or
the National Association of Consumer Advocates.
Is there a time limit on my claim?
- Yes. The Fair Debt Collection Practices Act requires that
claims be filed in court within one year after the violation.
Some courts interpret this to mean no later than the first
anniversary, others say that it means before the first
anniversary. If you think you may have a claim which is
approaching one year old, contact an attorney
immediately. Even if one year has past, contact an
attorney as soon as possible because there are a few
narrow exceptions and some states have their own debt
collection practices laws which have a longer period within
which to file your claim.
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Philip D. Stern & Associates, LLC
697 Valley Street, Suite 2d
Maplewood, NJ 07040
ph: 973-379-7500
697 Valley Street, Suite 2d
Maplewood, NJ 07040
ph: 973-379-7500
Copyright 2009-2012 Philip D. Stern & Associates, LLC
All rights reserved
I've received a collection letter. What do I do?
I received a voice message and think it may be from a
debt collector. What do I do?
I obtained my credit report and there are errors on it.
What should I do?
- If you would like, we will take a look at the letter and give
you our opinion. Please scan the letter, including anything
on the back of any pages and, if possible, the envelope.
Please save as a PDF file (Adobe Acrobat) and email to us:
webinquiry@philipstern.com
I received a voice message and think it may be from a
debt collector. What do I do?
- Do not delete the message. When a debt collector leaves
a message on an answering machine or voice mail, the
majority of court decisions say that the message must
identify the collection agency's name, the purpose of the
call and either state that the call is from a debt collector
or that the call is an attempt to collect a debt. Otherwise,
the debt collector may be in violation of the FDCPA. Save
the message and contact an attorney who has experience
with the FDCPA. We would be happy to help you with any
questions you may have.
I obtained my credit report and there are errors on it.
What should I do?
- Keep your credit report. We do not write dispute letters
for clients. We have general recommendations for dispute
letters. We recommend that all communications with
credit reporting agencies be in writing using certified mail -
we do not recommend ordering credit reports or lodging
disputes online. If you are unable to get the error
corrected, please feel free to contact us or a member of
the National Association of Consumer Advocates.
| Frequently Asked Questions (FAQ) |
Please understand that we have tried to give you general information to address common questions. This is no substitute to
having an attorney review the specific facts of your situation. The information here is based on our professional assessment of
the present state or trend in the law but is not legal advise.
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| (973) 379-7500 webinquiry@philipstern.com |
