Legal Question in Credit and Debt Law in New Jersey
Collection Agency
If the collection agency is not registered or bonded to collect debt in the State of NJ, can I use this as a defense? If yes and the account is charged off, who then do I pay?
1 Answer from Attorneys
Re: Collection Agency
1) If they are not bonded as required, send them a letter (regular and CRR mail) demanding that they withdraw the complaint. 2) If they claim for debt is over 6 years old, send them a letter demanding that they withdraw the complaint. 3) demand discovery - copy of the original contract/credit application, proof of the claimed underlying debt, and proof of the accounting claimed for the debt, the penalty fees, claimed interest, etc. If they don't, when you go to court, dispute the claimed debt, show the court your letters, assert their claims must be dismissed for failure to provide the required proofs and demand damages for them failing to withdraw the complaint - the court probably will find you have no damages because you did not hire an attorney, but ask anyway.