The firm's primary areas of practice are described here. A Word of Caution Please do not mistake the discussion on this page as legal advice. A thorough evaluation of your facts and circumstances is necessary before any lawyer can provide you with a competent legal opinion. |
Fair Debt Collection Practices Act Claims
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 usually bring in federal court.
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.
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 usually bring in federal court.
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 Debt Collection Lawsuits
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 it.
An experienced litigation attorney understands that the best way
to settle a case is to prepare it for trial. When defending a
collection lawsuit, we attempt to discover what evidence exists to
prove a valid assignment (in a debt-buyer case) and to justify the
amount being claimed. Then, we are able to make an informed
evaluation of the case and can assist our clients in making
decisions about pursuing settlement and continuing litigation.
.
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 it.
An experienced litigation attorney understands that the best way
to settle a case is to prepare it for trial. When defending a
collection lawsuit, we attempt to discover what evidence exists to
prove a valid assignment (in a debt-buyer case) and to justify the
amount being claimed. Then, we are able to make an informed
evaluation of the case and can assist our clients in making
decisions about pursuing settlement and continuing litigation.
.
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| (973) 379-7500 |
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| STERN•THOMASSON LLP 150 Morris Avenue, 2nd Floor Springfield, NJ 07081 ph: 973-379-7500 |
