MSW Capital, LLC (MSW) is a debt purchaser and third-party collection agency based in New Jersey. MSW has received consumer complaints alleging violations of the Fair Debt Collection Practices Act (FDCPA), including using false and misleading information in an effort to collect a debt and failing to verify debts. If MSW has contacted you about delinquent collection items, make sure you understand your rights before you respond.
The harassing company pays our fees.
They’re legit. The Better Business Bureau (BBB) established a profile page for MSW Capital, LLCin 2013.The BBB does not provide any information about MSW’s founding date, or the names of its founders, presidents, or managing officers. The BBB lists MSW as a financial planning consultant. Buzzfile estimates MSW’s annual revenue at $121,000and the size of its headquarters staff at 2 employees.
MSW does not maintain a publicly accessible website. According to some consumer reports, MSW operates exclusively as a debt purchaser that specializes in buying “junk debt” from financial services companies such as banks, credit unions, and credit card lenders; hospitals and other healthcare providers; telecommunications companies; and automotive lenders.
According to records filed in in the New York State Unified Court System, MSW has filed thousands of default judgements against consumers. MSW then hires law firms that specialize in collecting consumer debt to enforce these judgements with wage garnishments and other aggressive collection tactics.
Dun and Bradstreet and Manta indicate there is a company doing business as MSW Capital, LLC located in Sarasota, FL. Neither of these sites provides any detailed information about this company’s business practices, or whether MSW in New Jersey has any relation to MSW in Florida.
Who are we? We are Lemberg Law, a Consumer Law Firm
Lemberg Law is a consumer law firm helping victims of collection harassment and abuse. We are ranked A+ by the BBB. We’ve helped more than 15,000 consumers stop harassment and recover money from debt collectors. Harassed? Abused? Misled by a collector? Call our Helpline today! There is no charge unless we win.
As of May 2019, the BBB has given MSW a rating of D-, citing as its reasons the number of complaints filed, MSW’s failure to respond to complaints, and MSW’s failure to resolve complaints. The BBB has closed 10 complaints against MSW, with 7 complaints closed in the previous 12 months. Most of those complaints alleged problems with billing and collections, although 3 complaints also cited problems with customer service. Since May 2015, the Consumer Financial Protection Bureau (CFPB) has closed 19 complaints against MSW. Justia lists at least 5 cases of civil litigation involving MSW.
MSW Capital, LLC
26 Cannon Ct.
Basking Ridge, NJ 07920-3842
Telephone: (800) 613-3924
Website: N/A
It is illegal for a debt collector to make empty threats to sue you or garnish your wages. It is also unlikely MSW would sue you for a debt you may not owe or they cannot validate. However, debt collection agencies are known to have summoned debtors to court and garnish wages after a default judgement. Contacting an attorney BEFORE this could possibly happen would be a smart move. We’ve helped thousands of consumers fight back against unscrupulous debt collection harassers. Find out if we can help you too today!
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Unlawful Debt Harassment? Learn the Law & Sue the Collector.
Absolutely. Here are some Sample Complaints
Complaints against MSW cite problems resulting from allegations of misrepresentation and filing illegal property and foreclosure liens. In August 2016, a complainant stated that MSW had filed “a lien on his title for a vehicle.” According to the complainant, “the lien was based on a loan that was paid in full 6 months” previously, was supposed to be released, and was “sent to him after payment was paid per the terms of the contract.”However,“6 months later,” at the time the complainant filed the complaint against MSW, “the lien was…still on his title.” In addition, his title had“not been sent to him after numerous attempts” to contact MSW regarding the lien. The complainant said that he had spoken with an MSW representative “pertaining to the matter.” Allegedly, the first time they spoke, the complainant “was told it was an oversight, and that MSW …would overnight his title.” However, he never received the title. When he inquired again, he “was told it was sent directly to the DMV, and he could go request a new title.” But “after going to the DMV, he was told they had received nothing, and there was an active lien on his title.” The complainant reached out to MSW representatives via phone and email, but they only told him that he would “just have to wait until they send it.” The complainant insisted that they had already “received his payment in full, and there is no reason he should be waiting 6 months for his title to be released.”
In February 2019, a complainant stated he had had “a real estate lien placed on his personal property with the county.” According to the complainant, he had “made several attempts to contact MSW… to get this resolved” but was continually “routed to a law firm that he had contacted several times for the past month. The representative at the law firm… stated that the case file is closed, and they are trying to get in contact with MSW,” but they “haven’t received any correspondence from MSW.” The complainant also “tried to contact MSW…himself about the file,” but when he called, he was “connected to the same law firm that handled the original filing of the lien, and they continue to say it is a closed case and they need to hear from MSW…to remove the lien.”
MSW’s responses to complaints all follow a similar format. They begin by stating that they “are in receipt of… correspondence from the Better Business Bureau…and have finished their review.” Next, MSW states that they are “a passive debt-buying company, meaning that they purchase charged off accounts and outsource the collection effort to their collection agencies and/or law firms. MSW… does not make active collection attempts as they are represented by their servicer (either law firm or agency) who handles representation.” MSW then places responsibility for the complaint with the law firm or servicer to whom it has been assigned. MSW concludes complaints by stating that their “goal is always to try and assist every customer in resolving their accounts in accordance with the FDCPA and all other federal and state laws and guidelines.”
Federal laws protect you. The Fair Debt Collections Practices Act (FDCPA) regulates the behavior of collection agencies by prohibiting actions such as the use of abusive or threatening language; harassment; or the use of false or misleading information to collect a debt. The FCRA regulates how collection agencies and creditors report delinquent debts to credit reporting agencies. Additional consumer protection laws include the Telephone Consumer Protection Act (TCPA) and the Consumer Financial Protection Act (CFPA).
But here’s the rub: If you want to enforce your rights, or recover money for violations — you need to sue. These laws provide individuals like you with a means to seek monetary damages in court. For example, the FDCPA allows consumers who have been violated to recover damages of up to $1,000, plus attorney fees and court costs.
You may have a case, if…
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Sergei Lemberg is an attorney focusing on consumer law, class actions related to automotive issues, and personal injury litigation. With nearly two decades of experience, his areas of practice include Lemon Law (vehicle defects), Debt Collection Harassment, TCPA (illegal robocalls and texts), Fair Credit Reporting Act, Overtime claims, Personal Injury cases, and Class Actions. He has consistently been recognized as the nation's "most active consumer attorney." In 2020, Mr. Lemberg represented Noah Duguid before the United States Supreme Court in the landmark case Duguid v. Facebook. He is also the author of "Defanging Debt Collectors," a guide that empowers consumers to fight back against debt collectors and prevail, as well as "Lemon Law 101: The Laws That Lemon Dealers Don't Want You to Know."
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