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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I just recieved a call from a lawyer in NJ about a CC bill

Customer Question

I 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.
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 8 years ago.

Hello,

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:

http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm

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.


Thank you,
FLANDNYLAWYER


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Ellen and other Bankruptcy Law Specialists are ready to help you
Customer: replied 8 years ago.

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.

 

Optional Information:
Little Falls, New Jersey

Already Tried:
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>

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Hello,

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:
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm

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.

 

Thank you,
FLANDNYLAWYER


Please hit ACCEPT so that I can get credit for my work

Bonuses and Positive Feedback gratefully accepted!

Expert:  Ellen replied 8 years ago.

Hello,


Thank you for your follow up.


You can consider agreeing to a consent judgment for a negotiated amount of money payable over time with the caveat that they will indicate that your account is current with the credit reporting agencies.


By agreeing to a consent judgment, they get the judgment that they want and you obtain a payment plan and avoid court costs.


I hope that this helps.


Thank you,
FLAandNYLAWYER


Please click ACCEPT so that I can get credit for my work

Bonus and Positive Feedback gratefully accepted!


THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE

Ellen and other Bankruptcy Law Specialists are ready to help you
Customer: replied 8 years ago.
do you think it is worth hiring a attorney in NJ and do you think there is room for negoiation
Expert:  Ellen replied 8 years ago.
How much money are they trying to collect?
Customer: replied 8 years ago.
cash payment of $1346, or 6-12 month plan with $500 up front and the balance over 6-12 month. The original amount was $3600 penality and interest make up the rest. I can make monthly but the $500 would be a serious problem right now.
Expert:  Ellen replied 8 years ago.
Hello,


I think that retaining counsel would run at least $500. Perhaps you can split the $500 up front into two months.


I hope that this helps.