Legal Question in Credit and Debt Law in New Jersey
Why are the still contacting me?
I owned a small business that ceased operations in Nov. 2001. Before closing, I notified all of my vendors and returned all merchandise for credit. Nine months after closing the store, I recieved an invoice from one of my former vendors indicating that they had been shipping merchandise to my former businees location and were now looking for payment. I called the vendor to ask why they would continue shipping merchandise after I notified them that I was closing operations. At the end of the converation, I was told that they would investigate and contact me. Two weeks later, a recieved a notice from a collection agency/law firm. I didn't feel that I should be responsible for any merchandise that was shipped after I closed my business. So, for the past two years I have been trying to work with the vendor and collection agency/law firm with no luck. I recently worked out an agreement with the vendor and paid them directly. They have provided me with documentation indicating that the account has been settled and that all parties have been notified. However, the collection agency/law firm keeps contacting me trying to collect more more - I assume their fees since the vendor has been paid in full. What should I do?
1 Answer from Attorneys
Re: Why are the still contacting me?
I urge you to retain an attorney as soon as possible to assist you in protecting your legal rights.
Without seeing your agreement with the original creditor, and the communications among yourself, the creditor, and the collection agency, we can only speculate on why the collection agency continues to dun you.
However, sometimes creditors will sell delinquent accounts "in bulk" to collection agencies. In that event, the original creditor gives up the right to collect the account. If that is what happened in your case, then your creditor should have informed you of that.
In other cases, the collection agency acts as the agent for the creditor, and is paid a percentage of the amount collected from the debtor.
Debtors are protected by various laws including the Fair Debt Collection Practices Act, which provides you with various rights. You may even have a legal cause or causes of action against your creditor or the collection agency if the relevant statutes have been violated. In order to determine this, you need to retain an attorney.
I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:
(973)-605-8995
[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]
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