Hello Again, based on what you reccomeded this morning (see below) I contacted the attorney's office. They informed me that FDCA doesn't apply to them because the attorney purchased the debt from the lender (CC company) and they are now a 1st party. They also said they are suing me for Malicious Intent and theft of services and also stated but didn't threaten that if I didn't settle a Malice of intent to the debt would be put on my credit report. Since I have tried very hard to get my FICO up to 630 and still working I don't want this to happen. Looking for advice and will pay another fee for it
original question and answer
just recieved a call from a lawyer in NJ about a CC bill I had in PA from 2002. I had lost my home (forclosed), business etc through a divorce but didn't file bankruptcy. They are saying if I don't make some kind of arrangement they are going to take me to court and sue me for total amount, also there is a felony charge because I took a cash advance. Is this true? I have been paying off CC and Loans but can't handle them all at once. I own nothing and live with a friend so if they sue I have nothing for them to take but a 10 yr old car.
Little Falls, New Jersey
Just talking with them and I would make a payment arrangement if it is fair and can be spread out over a time frame. He is saying there is a legal minimum in NJ/p>
(Online) -- 3 Accepts / 3 Questions 1 Answer Accepted Status: We're Waiting For You (Relist) Value: $15 Answer January 6 2009 at 9:41 AM (13 minutes and 40 seconds later) ACCEPTED
Thank you for your question.
They cannot file a felony charge and there is no legal minimum in NJ.
You may have an action against the attorney under the FDCA. You may also file police report against him for extortion.
It is a violation of the Federal Fair Debt Collection Act (FDCA) for a debt collector to use unfair tactics such as harassment, false statements, notify third parties or threaten acts they cannot legally undertake. An attorney is considered a debt collector.
You may file suit in Federal Court for each violation of the Act.
I have attached the link to the FDCA for your review.
Federal Fair Debt Collection Act link:
Furthermore, it is the crime of extortion to request payment of money in return for not filing criminal charges. You can file a police report.
I hope that the information which I provided was helpful to you.
Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.
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