Legal Question in Credit and Debt Law in New Jersey

Judgement filed against me??

I was contacted 5 months ago by an attorney representing a creditor to whom my debt I was told by a former acquaintance of mine had been paid. This was untrue. The debt was still very much there and increased drastically due to interset, etc. The attorney told me that an amount per month(non-negotiable at the creditor's demand) was necessary to avoid ''moving ahead'' legally by the plaintiff. I agreed, have made on time payments to the attorney for the last five months and now have received not one, but two summonses from court signed off from the attorney's office with the original full amount of the debt on the paperwork. Aren't the attorneys collecting on behalf of the creditor? Is is possible that a creditor would decide to ''move ahead'' and sue me even if I've done everything they have requested? If so what are my options?


Asked on 12/11/02, 9:53 am

1 Answer from Attorneys
Glen Chulsky Law Office of Glen H. Chulsky

Re: Judgment filed against me??

If you are a consumer, the lawyer may have violated the Fair Debt Collection Practices Act, (a federal law that governs how debts are collected) by suing for the full amount of the debt in spite of the fact that you have made payments that reduced the balance. If the lawyer did violate the Act, he may be liable to you for up to $1,000 in statutory damages, any actual damages and your attorney's fees. The creditor can still sue you while you're making payments unless it was agreed that they wouldn't. The most important thing is to do something before your time to answer the complaint expires. If you need more info, feel free to call me at 973-659-3400.

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Answered on 12/11/02, 9:11 pm


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