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debt collection

October 17, 2014 by Todd Murphy

Stop Collections

#Stop_Collection #FDCPAWe can stop collection activity NOW, including

  • garnishment

  • liens

  • creditor harassment

  • phone calls

  • emails

  • collection agency threats

  • foreclosure action

  • frozen bank accounts

  • repossession.

The law protects you from disaster, homelessness and imprisonment, giving you time to restructure your debts and work out payment arrangements.

You cannot be thrown in jail for owing money.

We are a nation of second chances. The law is designed to protect you, preserve certain of your assets and keep you in your home while you work out your situation with your creditors, with the help of a lawyer.

As soon as creditors know that you’ve retained an attorney, they are required to stop contacting you and deal instead with your lawyer, who can deploy a wide range of resources on your behalf to help get your financial life back in order.

These resources include negotiation with creditors, restructuring loans or obtaining loan modifications, and possibly filing for bankruptcy to have debts discharged. If collectors persist after you’ve retained counsel, you may be entitled to compensation under the Fair Debt Collection Practices Act.

When you’re under financial duress, it can be difficult to see around the corner to a brighter day.

We understand your situation at Todd Murphy Law

It’s vital to take the first step, before things get worse.

Early action gets better results. Call our office now!

From our offices located in Bedminster, we serve all of Northern New Jersey, including Somerville.

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Filed Under: Collection Defense Tagged With: debt collection, fdcpa

August 21, 2013 by Todd Murphy

Fight Collection Abuse

The Fair Debt Collection Practices Act helps protect consumers and fight collection abuse.  New Jersey bankruptcy firm Todd Murphy Law can help protect you from questionable or harassing debt collection practices.

The Fair Debt Collection Practices Act (FDCPA) prohibits the debt collector from contacting a third party (someone who has information about you) if they know that you are represented by a lawyer.  If you do not have a bankruptcy lawyer, the debt collector can only contact third parties to locate you.  Your New Jersey bankruptcy lawyer will inform your debt collectors that he/she is representing you.

A debt collector must inform you in every communication they have with you that the communication is from a debt collector.  The debt collector is required to send you a dispute/verification invitation within five days of their first contact with you.  If you submit a dispute within 30 days, the debt collector must stop trying to collect until the debt is verified.

Telephone calls from a debt collector to you must only occur between 8:00am and 9:00pm.  They cannot call you at work if there is an employer policy against such types of calls.

A debt collector must not harass, oppress, or abuse a consumer.  This is not well defined in the law, however, and is left to the courts to decide.  If there is abuse, try to record abusive collection language when you hear it, and keep a record of the calls in writing what took place and how it made you feel.  The more proof of the abuse you have the better, as it can be difficult to convince a judge or jury that abuse took place.

Debt collectors are not permitted to use false or misleading information to collect a debt, and may not collect more than what is owed.

If a debt collector violates any part of the FDCPA, you may be able to recover actual damages, $1000 in statutory penalties, and attorney fees.

We’re here to help protect against collection abuse practices. If you’re abused by a collector, contact an attorney immediately.

Call Todd Murphy Law today for a free consultation.

Filed Under: Collection Defense, Debt Issues, Featured, Know your rights, Unscrupulous Collectors Tagged With: Abusive Lenders, debt collection

May 10, 2013 by Todd Murphy

Chase Abusive On Debt Collection Of Credit Cards

Chase Sued For Abusive Debt Collection Of Credit Cards: And People Are Told Bankruptcy is bad?

In just one more incident of big banks or credit card companies using abusive methods on debt collection of credit cards, JPMorgan Chase was sued in California Court alleging that Chase committed abuses against tens of thousands of California consumers for debt collection credit cards.

These guys don’t care how they get their money.

According to California Attorney General Kamala D. Harris, for about three years, between January 2008 and April 2011, Chase filed thousands of lawsuits each month to collect soured credit card debt, Ms. Harris said. On a single day, for example, Chase filed 469 lawsuits, court records show.  Ms. Harris said, Chase took shortcuts like relying on court documents that were not reviewed for accuracy. “To maintain this breakneck pace,” according to the lawsuit, Chase relied on “unlawful practices.”

Abuses are rampant.

JPMorgan Chase is already navigating a thicket of regulatory woes. The Office of the Comptroller of the Currency, one of the bank’s chief regulators, is preparing an enforcement action against the bank over the way it collects its credit card debt, according to several people close to the matter who spoke on the condition of anonymity because they were not authorized to discuss the cases publicly.

Chase assembled a “debt collection mill that abuses the California judicial process,” according to the lawsuit. Many of the lawsuits filed rely on questionable or incomplete records, Ms. Harris said. “At nearly every stage of the collection process,” the bank “cut corners in the name of speed, cost savings and their own convenience,” she said.

Bankruptcy Is Just A business Tool To Help You Get Back On Track.

Bankruptcy is a business tool used by savvy people and businesses to help get back on track once debt becomes unmanageable.  Companies, sports and entertainment figures, and regular people all over the Country use bankruptcy for what it was intended to be used for: protect companies and individuals with too much debt and restore their ability to regain financial health and become a part of the economy once again. Don’t feel badly about using the tool for savvy people.

Todd Murphy is a NJ Bankruptcy Lawyer practicing in Somerville, NJ.  He can be reached at 862-217-2361.

Filed Under: Collection Defense, Debt Issues, Unscrupulous Collectors Tagged With: Chase, Credit Cards, debt collection

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