Philip D. Stern & Associates, LLC


Attorneys assisting consumers affected by debt collection

 

 

Contact Us Today! (973) 379-7500

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Philip D. Stern & Associates, LLC
697 Valley Street, Suite 2d
Maplewood, NJ 07040

ph: 973-379-7500

Services

The two primary areas of the firm's services are described here. Do not mistake the general guidelines discussed on this page as legal advice. A thorough evaluation of the all the facts surrounding your situation is necessary before any lawyer can provide you with a competent opinion.

  • Defending A Debt Collection Lawsuit

    Our firm believes that, like everyone else who files a lawsuit, creditors and debt buyers should possess the evidence necessary to prove their cases. We are nto aware of any special exception which permits a debt collector to simply assert a claim and shift the burden of proof to the consumer to disprove the claim. Our frequest defense strategy is to compel creditors and debt buyers to meet the same obligation as every other plaintiff. It is just a matter of fairness.

    Our experience is that most consumers do not defend these cases and, as a result, the courts have no choice but to grant default judgments. Consequently, creditors and debt buyers have no incentive to ensure that they possess the required evidence to prove their cases.

Claims under the Fair Debt Collection Practices Act

Federal law regulates a standard of conduct for debt collectors. One of the law's purposes is to "level the playing field" so that an ethical debt collector is not unfairly disadvantaged by those whose unsavory tactics nevertheless yields greater returns.

Congress chose to encourage victimized consumers to bring claims.

  • First, Congress allows consumers to recovery up to $1,000 over and above any actual losses or when the consumer suffers no losses.
  • Second, Congress allowed consumers to have their attorney's fees paid by the violating debt collector. As private attorneys general, consumers' attorneys enforce the debt collectors' standard of conduct.

The Fair Debt Collection Practices Act also authorizes class action suits. The individuals who successfully bring the suit recover as if they brought an individual claim but the class recovers up to 1% of the debt collector's net worth.

Our firm has experience with both individual claims and class actions which we commenced in many federal courts throughout the country.

If you think you may have a claim, it is very important that you save all documents and letters, as well as all recorded telephone answering machine or voicemail messages.

Copyright 2009-10 Philip D. Stern & Associates, LLC. All rights reserved.

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Philip D. Stern & Associates, LLC
697 Valley Street, Suite 2d
Maplewood, NJ 07040

ph: 973-379-7500