QUESTION
2011-2015 , car loan paid in full. Old uncashed checks , texts as recent as this year with her stating intent to repay. Is there legal standing to sue
Asked on Jul 13th, 2017 on Collections - New Jersey
More details to this question:
Old checks of hers I collected tho could not cash do to her lack of funds. Total car cost. Texts as current as this year stating her commitment to want to set up a payment plan. Do I have any legal standing to sue and if so what outcomes are likely if so? Doubt she has assets to the sum of $24,000 ( the debt amount ) But vacations out of the country may show financial flexibility for a payment plan?
1 ANSWER
Anthony Van Zwaren
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.
Answered on Jul 24th, 2017 at 1:35 PM