Legal Question in Credit and Debt Law in New Jersey

credit card debt

I have little over $5,000 in credit card debt. A few days ago a guy comes to my house stating that he is from sheriffs dept. He had no badge and did not provide his name. I got really scared and contacted collection agency that paper provided. Can collection do that? They also made me promise that i will send them payment, and they said that since judgment was entered against me. I asked them to give me time - they would not hear me. I was on disability and lost my job. They do not want to hear that. These are lawyers PRESSLER & PRESSLER. Can my property be taken? Will i go to jail?


Asked on 7/17/09, 3:57 pm

1 Answer from Attorneys

Stephen Starr Starr & Starr, PLLC

Re: credit card debt

The Fair Debt Collection Practices Act (FDCPA) prohibits a collector from impersonating a government official, such as a law enforcement officer. If a collector or its agents impersonated a law enforcement officer you may have a claim against them under FDCPA.

The circumstances that you describe sound very dubious. In New Jersey in each County, the Civil Process Division of the County Sheriff Office executes summonses and complaints, writs of execution, writs of possession and other court orders. To my knowledge, County Sheriffs on duty are in uniform and have marked cars. I suggest you contact the Sheriff's Dept. in the county in which you reside to verify whether a bona fide Sheriff came to your home, or an imposter. If an imposter, a crime has been committed and should be reported and you may have claims under FDCPA against the collector and its agents. Many of the Sheriff's Depts. have websites providing information and contact phone numbers. For example, the link for the Essex County Sheriff's Office is as follows: http://www.essexsheriff.com

The foregoing is not intended as legal advice for your specific situation. Facts and circumstances not disclosed in your brief posting may materially affect your rights. You should consult with an attorney.

For additional information regarding personal bankruptcy and exemption issues please free to visit the Frequently Asked Questions (FAQs) and Blog postings on our website at www.starrandstarr.com.

Best regards,

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Answered on 7/17/09, 6:10 pm


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