By:Â Robert J. Nahoum
The Problem:
You have just been served was a summons and complaint. New Century Financial Services, Inc. is suing you for an old debt.
WHO IS NEW CENTURY FINANCIAL SERVICES, INC.?:
New Century Financial Services, Inc. is an infamous “debt buyerâ€, buying up portfolios of old debt from banks, credit card companies, hospitals, doctors, cell phone companies, car companies and even gyms for pennies on the dollar. The debt buyers then try to collect the full amount from consumers, plus interest, penalties, late fees, overdraft fees, attorney’s fees and whatever other kinds of fees they can dream up.
New Century Financial Services, Inc. regularly makes debt collection phone calls from 973-753-9415, (888) 989-8300 and is located at:
110 South Jefferson Road, Suite 104
Whippany, NJ 0798
New Century Financial Services, Inc. is regularly represented by the debt collection law firm Pressler and Pressler, LLP. Both New Century Financial Services, Inc. and Pressler and Pressler, LLP are notorious violators of federal debt collection laws known as the Fair Debt Collection Practices Act (FDCPA) and is sued regularly by consumers for these violations. The FDCPA is a federal law that regulates the collection of consumer debts. It precludes third party debt collectors from using false, misleading, deceptive and harassing debt collection tactics.
THE PROBLEM WITH NEW CENTURY FINANCIAL SERVICES, INC.:
To New Century Financial Services, Inc., you the consumer are no more than an entry on a spreadsheet, you are data. Unfortunately for New Century Financial Services, Inc., entries on spreadsheets are not enough to win against you in court.
In a debt collection lawsuit, New Century Financial Services, Inc. always has the burden to prove that the consumer is responsible for the debt. To meet this burden, New Century Financial Services, Inc. must prove that: (1) it has the right to sue you; (2) the debt is yours; and (3) you owe the amount for which you were sued. It is never the burden of the consumer to prove that he or she does not owe the debt.
To meet its burden, the proof submitted by the New Century Financial Services, Inc. must be based on “personal knowledgeâ€. Personal knowledge means that the person offering the evidence on behalf of New Century Financial Services, Inc. must be a witness to the event shown in a particular document. For example, if credit card bills are offered into evidence on behalf of New Century Financial Services, Inc., the person offering the evidence must have personal knowledge of how the information in the credit card bill got there, how it is generated and how it is maintained. That person must have personal knowledge of the computer system and how it operates. If this person does not have such personal knowledge, the evidence is “hearsay†and it cannot be used.
Remember, to New Century Financial Services, Inc., you are just an entry on a spreadsheet. For this reason, New Century Financial Services, Inc. routinely lacks the evidence necessary to prove its case and beat you in court.
What You Should Do:
If you’ve been sued by New Century Financial Services, Inc. in a debt collection lawsuit, consider hiring a qualified attorney experienced in debt defense. The Law Offices of Robert J. Nahoum, P.C. routinely represents consumers in debt collection lawsuits brought by debt buyers like New Century Financial Services, Inc. in New York and New Jersey.
As with all of our debt defense cases, The Law Offices of Robert J. Nahoum, P.C. analyzes debt collection cases brought by debt buyers like New Century Financial Services, Inc. to determine if any violations of the FDCPA have occurred. If so, we recommend to our clients that suit be brought in Federal District Court on behalf of the consumer and against the debt buyer.
If a debt buyer like New Century Financial Services, Inc. violates the FDCPA, you can sue it for statutory damages up to $1,000.00 plus actual damages (like pain and suffering) and your attorney’s fees. In FDCPA cases, The Law Offices of Robert J. Nahoum, P.C. doesn’t charge our clients a penny out of pocket.
The Law Offices of Robert J. Nahoum, P.C
(845) 232-0202
www.nahoumlaw.com
info@nahoumlaw.com