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?
A. 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?
A. 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.
Contact Greenberg Minasian, LLC today for assistance with all of your consumer needs. We are here to help you!