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how can I get help fighting bill collectors in court

 
 
Reply Fri 3 Aug, 2007 09:55 pm
Greetings


I am trying to locate any organizations that help people, particularly lower-income helping fight debt collector attorneys in court. In other words, I am being sued by a debt collector but I don't have any legal representation. I live in New Jersey which is a very corrupt state and legal aide will not help. The courts make you participate in a process called mediation which forces you to settle for an astronomical amount and the debt collector attorney never brings any proof of the debt. Also I would like to know of any news reporters/organizations that have or is doing any stories relevant to this issue. Also, which political leaders (congress etc) are supporting or doing anything about this?

It is important that I find information not just general to bill collectors collecting a debt but MORE SPECIFIC to the courts. Once they get you into the courtroom. How to fight them in court and getting help fighting them.
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Type: Discussion • Score: 1 • Views: 1,203 • Replies: 12
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Phoenix32890
 
  1  
Reply Sat 4 Aug, 2007 05:46 am
Quote:
The courts make you participate in a process called mediation which forces you to settle for an astronomical amount and the debt collector attorney never brings any proof of the debt.


Are you saying that you don't owe any money, but the bill collectors are harassing you? I really doubt that. If you owe "X" amount of money, and the bill collector ends up getting 2/3 "X" it is YOU who have scammed the person with whom you did business.

If you bought something that was not in your budget, it is your responsibility to pay. I am certainly not going to help you to screw the person to whom you owe the money!!!
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boomerang
 
  1  
Reply Sat 4 Aug, 2007 08:19 am
I think there is more to this story than we're getting here.

How can they sue you without proof that you owe the debt?
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Chambord
 
  1  
Reply Sat 4 Aug, 2007 08:16 pm
Shame on you. Why are you making an assumption that I am scamming the bill collector. You obviously have no idea, (and to be fair most people don't) of what goes on in special civil court in New Jersey. You think people are getting away with paying 2/3 of the amuont they owe to these slmy attorndey's? Wow!!!! They pay $10 to $15 dollars to buy "alleged" debts of up to $14,500.

AND there is NOTHING I OWE that I haven't paid for. In 1995 I had a visa and owed $1, 300.00. I PAID the $1,000 but I had a dispute about the $300.00 The credit card company (who by the way, looses nothing when somebody doesn't pay they write it off) told me they would take care of the disputed amount. However, they never did. They just kept charging 29% interest and late fees on the balance I didn't owe. Before you know it its now $14,500. Why? because in order to sue in special civil court it has to be under $15,000. Do you know how many padded debts they sue people for? ITS NOT JUST CREDIT CARDS. The court is filled with people who can't pay their medical bills, the elderly, single moms and many veterens. Are they scam artists too? These lawyer/bill collectors are padding these bills charging interest rates and late fees and raising them to just under that magic number $15,000. It is a disgrace and will only get worse especially when they have sympathizers such as yourself. But, you are in the minority. Most people realize the banks, lawyers, major corporations are the real crooks. Yes I should have been more diligent in the dispute but I never made the charge and felt that should have been the end of it. Does that mean I should pay $14,500? Maybe you think so but I think there is a reason why you would rush to judge so harshly. Maybe, you are or were a bill collector at some point. didn't like the way people looked down on you? There really is so much more to what they are doing to people in this court. But i will just leave you with this one example of the "many" things they did. They called my brother's house (who has nothing to do with this and I didn't live there) his nine year old daughter answered the phone and the bill collector said "tell your mommy if she does't pay she could go to jail." They meant me but she thought they were talking about "her" mother. These are the individuals "you" say are being scammed?
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Chai
 
  1  
Reply Sat 4 Aug, 2007 08:24 pm
well, your calm, logical reply certainly cleared things up.

you're all over the place with this. take a deep breath and explain a little more thoroughly, without the insults.
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parados
 
  1  
Reply Sat 4 Aug, 2007 10:20 pm
First of all, if you claim you don't owe the debt then they have to provide evidence that you do owe it. That is the law. From the moment they first contact you, you have a certain amount of time to request evidence of that debt. It sounds like you didn't request that evidence since they have now moved to taking you to court.

If you disputed the $300 then you should have a record of disputing that and the credit card company can't attempt to collect while it is in dispute. If the credit card company made a ruling that you did owe the money then they should be able to provide that record.

If they called your brother's house and threatened you with jail then they may have violated federal law on collections.

This is a good place to start...
http://www.ftc.gov/bcp/conline/pubs/credit/fdc.shtm

Be honest with yourself about the debt and how they contacted you because you will have to be honest with any judge. If they violated the law you should have some evidence of that.

Quote:
What can you do if you believe a debt collector violated the law?
You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, you may recover money for the damages you suffered plus an additional amount up to $1,000. Court costs and attorney' s fees also can be recovered. A group of people also may sue a debt collector and recover money for damages up to $500,000, or one percent of the collector' s net worth, whichever is less.

Where can you report a debt collector for an alleged violation?
Report any problems you have with a debt collector to your state Attorney General' s office and the Federal Trade Commission. Many states have their own debt collection laws, and your Attorney General' s office can help you determine your rights.
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Jump541
 
  1  
Reply Tue 7 Aug, 2007 02:18 pm
So for what...12 years...you were getting monthly statements showing your increasing debt, and you are surprised that you still have the debt?

I'm just assuming on the statements of course, but one has to assume that you must have had SOME contact with them in the 12 years they wanted this money, whether you agreed to the debt or not.

Jump
0 Replies
 
ebrown p
 
  1  
Reply Tue 7 Aug, 2007 04:25 pm
I am going to stick up for Chambord.

The credit card companies in this country are immoral and consumers, even consumers in debt, deserve at the least a level playing field.

First, advice for Chambord. You should consider bankruptcy which is, right now, the only defense for consumers once credit card companies get their teeth into you.

For the rest of people here, if I understand Chambord's post... he agreed to mandatory arbitration without even knowing it until the companies sprung it on him.

In case you don't know (and most people don't know) the Credit Card companies sneak in a term into most of your contracts that you give up your right in court. You agree to an "arbitration" which is set up against the consumer. It is the credit card companies that select and pay for these arbitration firms which, of course, are merely fronts for taking away consumers rights.

I would bet that everyone here is bound by one of these mandatory arbitration contracts. I would also bet that no one even knows about this.

I would say screw them. If you are lower income, pay the $1000 or so to get a bankruptcy lawyer and file for Chapter 7 protection.

This will mean you can't borrow money as easily... and you shouldn't borrow money from these clowns anyway.

File bankruptcy... then live within your means.
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ebrown p
 
  1  
Reply Tue 7 Aug, 2007 04:36 pm
I believe there is a statute of limitations on debts. If it really is 12 years... I am pretty sure you don't have to pay (although I am not a lawyer).

Just make your court date.
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Jump541
 
  1  
Reply Tue 7 Aug, 2007 06:23 pm
Admittedly I don't know much about US debt and collections law, the story just reminded me of a former roomate of mine that was in debt so deep he'd never get out, yet it was always someone elses' fault.

So I'm a little unforgiving on helpless consumers and debt, my apologies Chambord, I'll stay out of your misery now. Razz

Jump
0 Replies
 
ebrown p
 
  1  
Reply Tue 7 Aug, 2007 07:27 pm
So, Jump....

You aren't forgiving of your friend...

But you are forgiving of Credit Card companies that raise interest rates... up to 28% on people when they are at their most vulnerable...

... who take away your legal rights to a day in court with fine print in a contract that they can change at will.

... who lower your credit limit when you are unemployed... and then charge you monthly over limit fees even though you haven't made any further charges (this one happened to me personally).

... who constantly come up with new fees for being one or two days late on payment on other cards

... who just sent my 18 year old a $6,000 check that he could cash where try as I might, I was unable to find the interest rate.

Credit card companies are evil. I don't know why the people choose to support the sharks rather than their victims.
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Jump541
 
  1  
Reply Tue 7 Aug, 2007 08:57 pm
You make some very valid points about the credit card industry, but in this case we're talking about what...a $300 debt that turned into nearly 15K....

There was no talk of unemployement that i recall, or unsolicited cash advances, all i read was a disputed charge that didn't get cleared, and somehow was swept under the rug for a considerable period of time.

As far as my 'friend' goes, I only met the guy in an effort to stay out of debt myself, i was in an accident and couldn't pay my bills, so i took in a roommate to help cover the costs until i was on my feet again..

Jump
0 Replies
 
Chai
 
  1  
Reply Wed 8 Aug, 2007 04:35 am
I can't give any opinion on the initial poster either, as far too few facts have been given.
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