Debtors Rights

Established in 1981, our practice is limited to representing individual and small business debtors in New Jersey who are experiencing serious debt problems by using the laws that can protect them. We take the approach of reviewing all of the options that can protect our clients and exploring their rights under all federal and state laws.

These options includes reviewing rights under laws such as the Fair Debt Collection Practices Act, Bankruptcy and Creditor Harassment, how to respond to Lawsuits, and reviewing the limitations and pitfalls associated with Debt Consolidation and Debt Management Plans

Listed below are some of the many ways Debtors can use their legal rights and the remedies they provide to manage their serious debt problem.

Filing a Bankruptcy Petiton  –  The Automatic Stay Stops Collection

Filing a Bankruptcy Petition under the provisions of Chapter 7, Chapter 11, or Chapter 13 immediately stops all efforts by most of your creditors and debt collectors to continue any collection efforts. This called the Automatic Stay and potent legal protection against creditors who are prevented from taking any further action against your property without seeking the permission of the Bankruptcy Court. Read More About Bankruptcy Protection…

Defenses to Junk Debt Lawsuits –  Q & A 

Question: I received a Summons and Complaint from the Court which says I owe money on an unpaid credit card. I have no idea of who it is that is claiming I them owe money.

The lawsuit that was served on you was probably filed by the attorneys for a junk debt buyer. Junk debt are bought after being written of by the original creditor because of non-payment. These debts are purchased in bundles of junk debt which contain thousands of debts for about two cents on the dollar. The information received about the debt is limited and may contain errors. Read More About Defenses to Junk Debt Law Suits…

Consumer Protection & Fair Debt Collection Practices Act

The FDPCA contains many provisions which are intended to protect debtors from abusive conduct by debt collectors. Unfortunately, many debtors fail to make use of these protections. For example, the FDCPA requires that demand for payment include specific information and that debt collectors verify the debt for which they are demanding payment such as the requirement to“provide the name and address of the original creditor, if the consumer so requests”. Read More About How the FDCPA Protects Consumer Debtors…

Preventing Mortgage Foreclosure

If you are seriously delinquent on the payment on your mortgage, the first and most important decision you must make is whether you are able and willing to do everything within reason to prevent the loss of your home. Trying to preventing foreclosure is unfortunately often a long and difficult process and there are no magic cures. Following the Four Rules will give you your best chance to save your home. But remember: THERE ARE NO GUARANTEES.

THE FOUR RULES

  • RULE #1: Hire a Lawyer to Represent You Who Is a Real Expert
  • RULE #2: Hire a Lawyer to Represent You Right Now
  • RULE #3: Be Realistic – Avoid the “Titanic-Better Lifeboat” Syndrome
  • RULE #4: Beware of Scams – Bank Representatives’ Advice – Short Sale Proposals

Read More About Why You Should Follow These Rules…

The information set forth above is not legal advice which can be provided to you only after a full review and evaluation by an attorney of your particular circumstances and the remedies which may be available.