When debts go unpaid, businesses suffer. Uncollected and overdue invoices and accounts receivable reduce the cash flow that companies need to survive and thrive.
Federal and state law prohibits many types of abusive and deceptive debt collection practices. If you believe that a debt collector violated your rights, contact a New Jersey debt collection attorney.
Statute of Limitations
Typically, debt collectors cannot sue you for a debt that is more than six years old. Each state’s “statute of limitations” sets a time limit for when plaintiffs can file civil lawsuits. This protects the integrity of physical evidence and witness testimony. It also prevents creditors and debt collectors from threatening to sue for unenforceable debts.
If you’re being sued for debt that is past the statute of limitations, you can raise it as an affirmative defense in your lawsuit. Your attorney will draft your Answer to the lawsuit and submit it to the court before the deadline.
It’s important to record phone calls with debt collectors, especially if you have an attorney. Debt collectors may lie about what they tell you, so having a recording can prove what actually happened. Also, recording the call can help you document any violations of the Fair Debt Collection Practices Act. Recordings can also help you prove that a debt collector violated the law by contacting you at work against the rules of your employer.
Debtor’s Rights
A person who borrows money is a debtor. Anyone who has a car loan, mortgage on their house, credit cards or other debts is considered to be a debtor. Debtors have certain rights when it comes to creditors trying to collect on their debts. These rights are outlined in the Fair Debt Collection Practices Act at the federal level and New Jersey’s Fair Debt Collection Practices Act at the state level.
The law regulates how debt collectors can contact you, what they can say to you and what they can disclose to third parties. For example, a debt collector cannot harass you, use obscene language or threaten violence to get your payment, and they must keep your personal information private.
Debt buyers and debt collection agencies are not permitted to garnish your social security, veterans, disability or other similar benefits. Your first communication with a debt collector must also carry a statement that you have the right to dispute the debt in writing within 30 days.
Debtor’s Representation
A key tenet of the American capitalist economic system is that businesses are paid for the services they render and goods they produce. When a business fails to get paid, it can’t pay its employees or buy supplies. Equipment and other assets which it pledged as collateral may be seized. In addition, the owners may be liable under a personal guarantee.
Creditors must follow strict laws when collecting debts. They cannot threaten to hurt you or use abusive language to try to coerce you into paying. They also cannot call your employer or tell your friends, neighbors or relatives about your debt.
A Debt Collection Lawyer in New Jersey can advise clients of all their legal options to collect on a debt, including seeking a judgment that garnishes wages, puts liens on property and levies bank accounts. In addition, our attorneys have extensive experience handling fraudulent transfer clawback actions and other related bankruptcy litigation. We can also assist in locating assets and other evidence to establish fraud where necessary.
Debtor’s Defenses
A debt collector is not allowed to harass you or threaten physical violence. They are also not allowed to use abusive language or share information about your debt with anyone else. If they violate the law you have the right to file a lawsuit against them.
You may have a defense to the lawsuit if you are being sued for the wrong amount of money. The plaintiff must list all the amounts they are asking for in the complaint. You can file a Motion in court to get these details corrected.
Creditors can only sue you if they have proof that you owe the money. This is usually in the form of a contract or promissory note. You can raise a defense to this claim by showing the plaintiff is not properly licensed to collect your debt.
You can raise a defense to the lawsuit if the goods or services that you bought from the plaintiff were defective. You must be able to prove this in court.
