Legal Question in Credit and Debt Law in New Jersey

Credit Refund

An agreement with the agency to pay $100 per month until a $4000 bill was paid. April, 2000, we were called sometimes twice a day, both at home and at work, they are demanding the balance of $880 within 5 days and if we didn't then they would revert all interest back to 1996 and start collection. We put a second mortgage on our house. We received the check from the mortgage company, for $2333 as it was recorded on the credit report. Send the $2333 to the collection agency; any overage would have to be sent back to us within 30 days. In May, we call the agency to inquire about the refund and our account had been forwarded to the President of the agency. We tried for weeks to talk to him, but to no avail, he never returned voice mails. On May 26, we got transferred to an officer there. The Officer sent us a notice, the acount had been closed and paid in full and if we did not receive a refund by June 2, to call him back. I call him on June 2, we had not received the refund, he would look into it. June 5, my husband called and finally spoke to the President and was brutally told that it had taken us 4 years to pay the collection and he would sent the refund when he was ready to do so. What should we do?


Asked on 6/05/00, 1:54 pm

1 Answer from Attorneys
Bruce Gudin Ehrlich, Petriello, Gudin & Plaza Esqs.

Re: Credit Refund

jUST AS A COST EFFECTIVE SUGGESTION YOU SHOULD CONTACT THE district attorneys office in the county where the agency is located to see if they could assist you. It also sounds like you can state a claim under the Federal Fair Debt Collection Practices Act. Fax a letter to the president of the agency and tell him that u will be contacting the DA's office and will be filing suit in Federal court against the agency for FDCPA violations if you do not receive the refund of your over payment by August 1, 2000. If he doesn't pay after that, you will need to hire an attorney to pursue collection. If the agency is a member of the Commercial Law League of America you may be able to lodge a grievance with them as well.

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Answered on 7/25/00, 2:24 am


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