QUESTION
Can the lawyer do what was stated in the letter or is it just a scare tactic?
Asked on Aug 15th, 2013 on Bankruptcy - New Jersey
More details to this question:
I have recently had default judgment levied against my doing business as business in the amount of about $4,700. The attorney’s letter that accompanied the judgment stated that I need to contact them upon receipt of the letter or they would have to send the sheriff's office to contact me. I am no longer in business because the company I was working for would not pay what was agreed, although it was not a large deal of money, so suing them is not something I want to do. The company that sued me was a building material supplier, and I had a revolving credit account.
3 ANSWERS
General Law Attorney serving Cherry Hill, NJ
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Mark S. Cherry, Attorney at Law, PC
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If the judgment is against an unincorporated business, then you are personally liable for the judgment. If the general contractor owes it you should have brought them into the lawsuit with a "Third Party Complaint." If the judgment was obtained by default you may be able to vacate the default and defend it.
Answered on Aug 23rd, 2013 at 2:19 PM
Kirk David Miller
The language of the letter sounds a little deceptive. Most likely, if you don't contact the lawyer's office, they will have you served with supplemental proceedings documents to find out where your assets are located. The sheriff or a process server may serve those documents but I don't see any basis for them to do anything other than serve. It sounds to me like that that's all that could happen at this time unless you have previously ignored orders from the court directing you to do something.
Answered on Aug 23rd, 2013 at 2:19 PM
Debt Collection Attorney serving Chicago, IL
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Edelman, Combs, Latturner & Goodwin, LLC
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They can serve you with a citation to discover assets requiring a representative of the defendant to appear and answer questions about its assets.
Answered on Aug 23rd, 2013 at 2:19 PM