QUESTION
What are my rights if I have never received anything in the mail from them and signed no contract?
Asked on Jul 25th, 2013 on Bankruptcy - New Jersey
More details to this question:
I have been making monthly payments for 11 months to this debt collector. Now they are saying I am in breach of contract.
3 ANSWERS
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
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You have the right to an attorney .. find one.
Answered on Jul 27th, 2013 at 10:46 AM
Debt Collection Attorney serving Chicago, IL
Partner at
Edelman, Combs, Latturner & Goodwin, LLC
2 Awards
The problem is that if there is an underlying debt that is a contract and you may be in breach of that. You should not enter into agreements with debt collectors that are not clearly documented. You should have an attorney review the facts to determine whether there is a violation of the Fair Debt Collection Practices Act or other law. It is not unknown for debt collectors to agree to settle on some set of terms and then claim that you did not make payments on time or otherwise violated the deal, so they don't have to honor it.
Answered on Jul 26th, 2013 at 8:32 AM
General Law Attorney serving Cherry Hill, NJ
at
Mark S. Cherry, Attorney at Law, PC
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You failed to mention what the underlying debt is. It makes a difference if the underlying debt is already at judgment stage or they need to file a lawsuit. Ask them to provide you with all information under the Fair Debt Collection Act.
Answered on Jul 26th, 2013 at 8:22 AM