When a creditor seeks to pursue collection of a debt, there are a variety of strict laws that must be followed. A collection attorney in New Jersey is a great resource for helping you understand what is permitted.
The Fair Debt Collections Practices Act
As a collection attorney in New Jersey can explain, the FDCPA applies to people and companies that regularly engage in debt collection. The most common types of debt collectors recognized by the Act would be attorneys, collections agencies or other third parties the creditor engages to collect debts on their behalf.
The types of practices prohibited fall into a few distinct categories. They are: harassment, communications with third parties, making false statements or misrepresentations, threats, or other unfair practices. A collection attorney in New Jersey can break each category down for you.
(1) Harassment or Threats
The FDCPA is very specific about the types of communication allowed when attempting to collect a debt. A collector must not engage in harassment. This might include excessive phone calls at all hours of the night, or other calls or communication intended to sway a person or induce fear. A collector is also prohibited from threatening violence or jail time.
(2) Third Party Communication
In general, the collector must not discuss the debt with third parties. Exceptions to this would include an attorney or the creditor him or herself.
Statements made by the collector to the debtor must be truthful. The collector cannot misrepresent him or herself as a law enforcement officer, for example.
If a collector violates the Act and engages in illegal conduct, he or she may be subject to stiff fines and penalties. Note that the FDCPA applies to debt collectors, not the business owner/creditor. Your attorney can explain more.
Get Help from Reputable Collections Lawyers
Debt collection is serious. Violations of fair debt collections practices law can expose the collector to stiff legal consequences. Trust your case to skilled lawyers with a track record of getting real results for their clients. To schedule an appointment with the offices of Snellings Law LLC, call 973-265-6100.