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New Jersey Fair Debt Collection Practices Act

New Jersey Fair Debt Collection Statute

Title 45 Professions and Occupations

New Jersey Fair Debt Collection Practices Act 45:18-1. Collection agencies to file bond

No person shall conduct a collection agency, collection bureau or collection office in this state, or engage therein in the business of collecting or receiving payment for others of any account, bill or other indebtedness, or engage therein in the business of soliciting the right to collect or receive payment for another of any account, bill or other indebtedness, or advertise for or solicit in print the right to collect or receive payment for another of any account, bill or other indebtedness, unless such person, or the person for whom he may be acting as agent has on file with the secretary of state sufficient bond as hereinafter specified.

New Jersey Fair Debt Collection Practices Act 45:18-2. Amount, term and provisions of bond; renewal; limitation of actions

The bond shall be in the sum of five thousand dollars and shall provide that the person giving the same shall, upon written demand, pay and turn over to or for the person for whom any account, bill or other indebtedness is taken for collection the proceeds thereof in accordance with the terms of the agreement upon which such account, bill or other indebtedness was received for collection. The board shall be in such form and shall contain such further provisions and conditions as the secretary of state deems necessary or proper for the protection of the persons for whom the accounts, bills or other indebtedness are taken for collection, and shall be for the term of one year from its date and must be renewed annually. No action on the bond shall be begun after two years from the expiration thereof.

New Jersey Fair Debt Collection Practices Act 45:18-3. Execution and approval of bond; sureties

The bond mentioned in sections 45:18-1 and 45:18-2 of this Title shall be executed by the person filing the same to the State of New Jersey for the use of any party aggrieved with sufficient surety, to be furnished by any company or corporation authorized to transact such business in this State. The said bond shall be examined and approved by the Attorney-General and thereafter accepted and filed with the Secretary of State; provided, however, that cash may be accepted in lieu of sureties; and provided, further, that no such bond with individual sureties thereon may be approved, accepted or filed.

New Jersey Fair Debt Collection Practices Act 45:18-4. Record of bonds; filing fee

The Secretary of State shall keep a record of such bonds, with the names, places of residence and places of business of the principals and sureties, and the name of the officer before whom the bond was executed or acknowledged, and the record shall be open to public inspection. There shall be paid a filing fee of $25.00 to the Secretary of State for the filing of each bond.

Amended by L.1971, c. 169, s. 1, eff. June 1, 1971.

New Jersey Fair Debt Collection Practices Act 45:18-5. Penalty

Any person, member of a partnership or officer of an association or corporation who fails to comply with any of the provisions of this chapter shall be subject to a fine of not more than five hundred dollars or to imprisonment for not more than three months, or both.

New Jersey Fair Debt Collection Practices Act 45:18-6. Exemptions

This chapter shall not apply to an attorney at law duly authorized to practice in this state, a national bank, or any bank or trust company duly incorporated under the laws of this state.

New Jersey Fair Debt Collection Practices Act 45:18-6.1. Discontinuance of operation; filing of notice

Any person who shall discontinue the operation of a collection agency, collection bureau or collection office in this State pursuant to the chapter hereby supplemented shall file with the Secretary of State a notice of such discontinuance.

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  1. Seeking FDCPA lawyer for a case in NJ. I have a problem with wages being taken at more than the percentage allowed by law. The plaintiff’s lawyers have been jerking me around as well. I’d like to pursue damages related to emotional stress. So, if you are not up to defending that, don’t email me.

  2. If I make small payments on a debt, will the debt still be reported to the credit bureau? what is the law on small payments and collection agencies?

  3. I found out several months age a judgement was files in NJ, Ocean Co, in Jan 2015. I live in Ca, never served or contacted by anyone. This is NOT my debt. It is my father;s from a hospital visit by a specialist. The Dr,’s office told me they got info from hospital, except they never checked, not even my SS#. I am 63 yo now my dad is 93 yo. This money due is from 2011.

    I have filed out form to vacate, with the collection attorney filed, supposedly, but after 6 weeks, nothing. I was told it could take months. My credit is impacted by this error. I want civil recourse to their mistakes. Do I have a case?

  4. I need to know how many times can a collection company call in a week and how many hang up calls can
    they do I am not working and I tell them this every day when I get a job I will pay them

  5. We had an outstanding medical bill for $3000 from when my son was born, we always intended to pay, but it went too long, and they sent to collections without notifying us. The collecting law firm is trying to charge 40% to us. I attempted to work with them, but they would not budge, so I just paid the doctors directly the exact amount I owed them. I wrote payment in full, though I know it doesn’t mean anything in court, hoping they might just call off the dogs. The law firm is still calling my wife (though I’ve told them to call me since I pay the bills) and I fear they may try to sue us. Is there a limit to the fees they can charge? Having worked in AR for 10 years, 40% is absurd. Also, if my wife signed agreeing to pay any required fees, but the fee amount was not indicated in the document, do I even have a leg to stand on? My second fear is that to fight it I would have to pay more in legal fees than the amount they are going after. I really don’t want to give these bastards a dime, but I was willing to go 20%.

  6. I’m currently paying on a debt and the school released my ss# to the collection agency. Also,when they call to ask if I made a payment they require for me to repeat last 4 of my social. Is this Legal?

  7. Entered into a contract with Mariner Financial in 2015 and shrotly after my husband was hospitalized and put on disbiliaty. We took the insurance out when we took the loan out, and they paid the loan each month. September 30 we recieved a letter stating the account was past due we informed them the disablility insurance was to pay they also told us they didn’t recieve a knew disability form. We took the forms after each follow up vist.

  8. I was fully insured and had a colonoscopy in 2010. They required proof of insurance which I gave them. then I started getting collection calls which I explained I was insured. The dr office went to court and put a lien on my accounts and has taken over $5K since 2013 and they keep on going in and taking it even though the just told them it was denied. I need to sue Bergen Gastro , the lawyer, courts , someone to recover the money AND the fact they ruined my credit and I pay extremely high interest rates now. Not sure how to go about this.

  9. I just received a certified letter coming from a debt collection law firm stating that i owe money still from a credit card and that if i do not respond to them within 10 days of notice, they will move forward a formal notion to have a judge rule to enforce payment. I only remember talking on the phone with a lawyer and agreeing to pay every other week a certain amount to pay off my balance. They did not indicate my balance that I needed to pay off at that time. I continued to struggle and they again advised me over the phone to pay as scheduled. Until finally I could make any more payments. I did not receive any correspondence from them thereafter. I would like to know what i can do at this time. I dont know how or what to respond. I don’t want my credit to be further ruined but I do not have the finances to make payment at this time. I did not receive any letter stating my current balance since I entered an agreement to pay. I have not received any notice to state that my payments were received and credited to my balance due. I paid by personal check.

  10. I an trying to bring a federal lawsuit sharing against Fannie Mae,Wells Fargo HM, and Wells Fargo NA. Need to know what steps should I take and if there is a good lawyer that’s willing to take my case

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