New Jersey Collections Legal Questions

You really need to speak with an attorney to go over the facts of your case including the agreement you made and the represntations made in the case.   If you defaulted on your settlement agreement the agreement likely allowed for entry of judgment for the full amount less payments made.  The agreement may or may not have required notice of the default and provide you with an opportunity to cure the default.  ... Read More

     Basically, you are going to have to take the judgment you got in NJ and register it in a court in PA. And from that court, you would take your steps to collect the judgment, like issuing a garnishment, etc.  Since I do not practice in either, I cannot give you specific legal advice on what steps to take in either state.  This is where you really need the assistance of an attorney that specializes in collection law in your part of the country. Because you are going to have to find out if PA wants an authenticated copy of the NJ judgment or one that is certified in accordance with the statutes of the state in which the judgment was issued. You will need to get a copy of what PA wants and have it filed in a county there.  I do not know if PA requires this to be filed by an attorney licensed to practice law in that state or if you can do it yourself.  And it goes without saying, there will be a fee the court will want to file the registration. Once this judgment is registered in PA, it should have the same effect and is subject to the same procedures, defenses and proceedings as a judgment t originally taken in PA. Which means is may be enforced or satisfied in the same manner. The Uniform Enforcement of Foreign Judgments Act states that a foreign judgment may be registered in any court having jurisdiction.  And after its registered in PA, you would need to get their forms to prepare and file a wage or bank garnishment. And you also need to be aware of all the garnishment exemptions the defendant may have there.                ... Read More

Unfortunately, the law allows the bail bondsman to go after any or all of the parties that co-signed the promissory note. While I understand your being upset that others that co-signed may not be sought after for collections, or might have disappeared or might have filed for bankruptcy, the bail bondsman has the right to go after parties most likely to pay. You can try and settle with the bondsman and may try and go after the other parties to contribute their shares. Consult with an attorney. ... Read More

I had a client with the exact same problem. Son's name was Jonathan, father's (client's) name was John. Judgment was properly made in son's name but father was receiving collections notices on the judgment. Like you, I contacted the original attorney who got the judgment who admitted the collection's company 1) was making a mistake; and 2) should not even have been given this for collections as the attorneys were handling it. They, and the original client contacted the collections agents to make sure that they stopped bothering my client and that there were no adverse credit reports against him. Main threat I made was that they could face being sued under the Fair Debt Collections Practices Act.... Read More

If there is a deficiency in the sale proceeds against the remaining value of the loan then the bank or finance company can sue your son as a co-signer, since he is jointly responsible for the loan. He also can sue the ex-girlfriend if he knows where she can be served. Optimally, he may be able to settle with the creditor for less than the full value, but it would be better to do that before than after any lawsuit because then attorney fees and court costs get added in. Contact an attorney.... Read More

If you were married then in New Jersey you can be held responsible for the bills, if they were legitimate, under the "doctrine of necessities" meaning responsibility for things like medical care, funeral expenses, etc. You said you went to court. Does that mean the matter was dealt with by the court? If so, was judgment for you or for the medical provider/collection agency? If you are on disability or social security however, they can't go after that, but they could go after wages.... Read More

As you sayh, you have standing to sue for debts that are less than six years old, so unless some of the loans occurred pre-July 2011, you would be entitled to claim on those funds. Of coursre you have legal standing. As you mention collecting on judgments is not always the same as getting judgments but if you suspect she has assets, an investigator can be hired to see if she has property in her name including houses, cars, businesses and other assets, in NJ and elsewhere if necessary. And if you have her bad checks that is pretty convincing evidence that she took a loan fraudulently, without intent to repay.... Read More

Standard contract statute of limitations is six years. But if the landscaping company went to court and got a judgment against you, they have 20 years. You should at least make sure to file a dispute of the debt and ask for all information regarding the debt. You can also check your credit bureau reports to see if there is anything on your credit history now.... Read More

That is not true. A person can be arrested, although each county seems to have different methods for enforcing these subpoenas. The officer will usually either bring that person to court and order them to fill out the subpoena in court on penalty of contempt if they do not, or, as happened in one of my collection cases recently, they will order the person to fill it out in front of them in their own home or have them arrested if they do not.... Read More

Technically speaking, if a person is represented by an attorney, you are supposed to deal with the attorney. Of course, for an attorney not to do so would be a breach of conduct, but for a pro se party dealing with their own daughter, I don't think there is any legal prohibition. However, it is probably best to deal with the attorney directly.... Read More

A correspondence needs to be forwarded to your ex boyfriend. In the event, no progress is made you can cut your losses and move on or file a lawsuit. If you file a lawsuit against the boyfriend and in the event you obtain a judgment, you have to collect on it.  The primary question is does he have any assets?    ... Read More

Based upon the facts you presented, it might be in your best interests to find out what the exact amount that is due and request proof of the same. In addition, dependent on the amount (less then 3,000), try to negotiate a settlement amount with them. Because to retain an attorney, those monies can be used to settle the amount. If the doctor is unwilling to resolve it through a settlement, the complaint must be answered. ... Read More

Michelle - I would need more information, but assuming amoney judgment was entered against the individually which was sued, the judgment is valid for 20 years and can be renewed for an additional 20 years upon a showing of good cause to the Court. If this doesn't answere yor question, I would recommend you contacting an attorney for assistance. Good luck.... Read More

Your friend would have two choices. He/She could either waive the balance over the jurisdictional limit of the special civil part ($15,000) or sue for the full amount in the law division. Should your friend require any assistance in the matter I would suggest he/she reach out to discuss this matter with an attorney. Good luck.... Read More

The statute of limitations on contract actionsin New Jersey is 6 years. As far as executing on your personal assets, the creditor would have had to obtain a judgment against you to do so. I would suggest you contact an attorney to determine whether the aformentioned statute of limiations applies and when it runs as well as to address any other questions you may have. Good luck.... Read More

If you're interested in declaring bankruptcy I can help you. If you would like to talk more about the specifics of your case, please give my office a call. Initial consultations are always free.       The Law Office of Robert Colby, LLC   73 Church Street   New Brunswick, NJ 08901   www.robertcolbylaw.com   (732) 609-3915   Admitted in New Jersey... Read More

You need to speak with a local consumer rights and/or bankruptcy  attorney.  There are various federal, local, and state consumer protection statutes that may protect your rights and a local consumer rights attorney will be able to determine which laws apply. Most consumer rights and bankruptcy attorneys offer free initial consultations to determine what options are available. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

In New Jersey, the statute of limitations on credit card debt is six years from either the date the credit card was last used to make a purchase or the last date a payment was made towards partial satisfaction of the debt, which ever date is later that is when the statute begins to run.   MARC B. SCHRAM, P.C.... Read More

Yes, the credit card company has many tools in its belt, such as garnishment or it can get a judgment against you.  You medical situation has little to do with the credit card company's ability to collect on the debt. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.  ... Read More

I suspect that the individuals contacting you are not attorneys.  The Fair Debt Collection Practices Act specifically prohibits threats of incarceration in order to coerce payment.  You should contact a local Consumer Rights attorney to determine if you have a cause of action against the collector.  Additionally, you need to determine who the collectors are and why they are contacting you.  Take that information to your attorney. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.  ... Read More