Debt Collector’s Right to Sue New Jersey Debtor Cut Off Three Years After Default  When Credit Card Agreement Subject to Delaware Law
Debt Collector’s Right to Sue New Jersey Debtor Cut Off Three Years After Default When Credit Card Agreement Subject to Delaware Law

A recent case was decided in favor of a New Jersey Debtor by the Third Circuit Court of Appeals where a "Debt Collector" violated the Fair Debt Collection Practices Act ("FDCPA") and New Jersey New Jersey Consumer Fraud Act ("CFA")...

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Chapter 7 Bankruptcy Case and New Jersey Wage Garnishments
Chapter 7 Bankruptcy Case and New Jersey Wage Garnishments

  Bankruptcy Court Holds Consumer Debtor’s Wages, Garnished Within 90 Day Period Prior to Filing Chapter 7 Bankruptcy, Are a Preference A recent decision, Tower Credit, Inc. v. Schott (In re Jackson), 2017 U.S. App. LEXIS 4369, is highlights one...

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Chapter 7 Bankruptcy:  Failure to Discharge Judgment Liens Can Be Costly Error
Chapter 7 Bankruptcy: Failure to Discharge Judgment Liens Can Be Costly Error

A case decided by the Bankruptcy Appellate Panel of the Sixth Circuit, In re: McCoy, No. 15-8056 (6th Cir. 2016), illustrates why New Jersey attorneys representing debtors filing a Chapter 7 or Chapter 13 Bankruptcy Petition diligently do their "homework"...

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There Are No Debtors’ Prisons in America But Disobeying a Court’s Order Can Get You Locked Up!
There Are No Debtors’ Prisons in America But Disobeying a Court’s Order Can Get You Locked Up!

A recent story about a Fox26 News - Student Loan Nightmare in the New York Times about a man who owed a $1,500.00 student loan debt provides an example of why debtors may wrongly believe that failure to pay a...

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Fair Debt Collection Practice Act Violated in Foreclosure Proceeding by Claim of Plaintiff’s Attorneys for Unearned Fees
Fair Debt Collection Practice Act Violated in Foreclosure Proceeding by Claim of Plaintiff’s Attorneys for Unearned Fees

Under the provision of the Fair Debt Collection Practices Act, 15 USC §1692 et. seq. (“FDCPA”), attorneys who represent banks and other entities and are engaged in the collection of delinquent mortgage payment and foreclosure proceedings against homeowners  are ‘debt...

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Q & A:  How to Dispute An Alleged Debt Under the Fair Debt Collection Practices Act
Q & A: How to Dispute An Alleged Debt Under the Fair Debt Collection Practices Act

New Jersey Consumers Must Dispute an Alleged Debt Within 30 Days of Receiving a Demand for Payment  from a Debt Collector and the Dispute Must Be In Writing.  * The reason why a consumer residing in New Jersey who receives...

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How to Make Your Serious Debt Problems Worse – Ignore the Lawsuit You Received from a Junk Debt Collector’s Attorney.
How to Make Your Serious Debt Problems Worse – Ignore the Lawsuit You Received from a Junk Debt Collector’s Attorney.

Example:  Mary receives a Complaint filed by Pressler and Pressler, on behalf of Palisades Collection. Palisades claims Mary owes them several thousand dollars on a credit card she used years ago. She is informed that she has thirty - five...

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What Banks, Debt Collectors and Junk Debt Buyers Don’t Tell You About Settlement Agreements
What Banks, Debt Collectors and Junk Debt Buyers Don’t Tell You About Settlement Agreements

Credit Card Debt 'Forgiven', but not forgotten by the IRS We are often consulted by those who are very unpleasantly surprised when after having negotiated a settlement of the amount of the debt they owe, they receive a receive 1099-C...

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How Do I Stop Telephone Harassment by a Junk Debt Collector?
How Do I Stop Telephone Harassment by a Junk Debt Collector?

Using Your Rights and Remedies Under the Fair Debt Collection Practices Act to Prevent Debt Collector Abuse. Telephone harassment by junk debt collectors who buy fragmentary information about alleged old debt for about two cents on the dollar and then...

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What Debt Collectors Can and Cannot Do?
What Debt Collectors Can and Cannot Do?

People who are experiencing serious debt problems face many difficult decisions.    If they feel that they are unable to pay their creditors and debt, they may face the difficult choice of whether to consider a Chapter 7 or Chapter...

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