Lawyers, Answer Questions  & Get Points Log In
New Jersey Collections Questions & Answers
2 Answers | Asked in Collections for New Jersey on
Q: If a loan was written off of the company that it was taken from 2 years ago do a collection agency have the right to

do they have right to collect.

Stuart Nachbar
Stuart Nachbar answered on Sep 25, 2018

As long as the Statute of Limitations has not expired, then yes, they have the right to collect

View More Answers

3 Answers | Asked in Bankruptcy and Collections for New Jersey on
Q: What are my legal rights?

I owe $10,000, which represents a remaining balance due to my divorce attorney. I have been paying this balance overtime at $50 a month for the past 10 yrs interest free to a law firm that filed for “N.J.S.A. 2a:19-1 Assignments For Benefit Of Creditors” a year ago. I had a verbal agreement... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Apr 24, 2018

NO! You are still obligated to pay it. However, depending on your overall financial and debt situation, you should consult with an experienced Bankruptcy attorney to determine if Bankruptcy of any type is right for you or not. Do not let geographic restrictions get in the way of retaining the best... Read more »

View More Answers

1 Answer | Asked in Collections and Small Claims for New Jersey on
Q: I’ve been given notice about a judgement fr midland funding for $619 & I’m trying to vacate judgement in N.J. help?!

What are the exact forms and wording to use ? I never received letter prior to this ? I’ve also been given subpoena. Last payment made to target National Bank was 7/2009 & judgement was placed against me on 1/2015.

Leonard R. Boyer
Leonard R. Boyer answered on Mar 17, 2018

Depending on your overall financial situation, Bankruptcy may be right for you. An experienced Bankruptcy attorney will be able to determine which type of Bankruptcy is the correct one for you or not. Either way, you cannot ignore an Information Subpoena.

1 Answer | Asked in Consumer Law and Collections for New Jersey on
Q: Can your wages be garnished in the State of NJ on a defaulted auto loan if the car is voluntarily repossessed?
Leonard R. Boyer
Leonard R. Boyer answered on Mar 13, 2018

Yes your wages can certainly be garnished. Depending on how much debt that you have, you may want to consider filing for Bankruptcy. Chapter 7 Bankruptcy is not simply filling out forms. Trying to handle this matter yourself is not wise. You do not know the USBC, you do not know the local rules of... Read more »

1 Answer | Asked in Consumer Law, Foreclosure, Real Estate Law and Collections for New Jersey on
Q: in NJ, how long does junior lien holder have to sue after foreclosure by 1st position lienholder on RENTAL property?

I had a rental property that was sold at sheriff sale in NJ--foreclosed on by first mortgage co. I know that NJ statute N.J.S.A. 2A:50-8 says that the junior lien holder only has 1 year to sue or debt is time barred. However, does this statute only apply to property that was primary residence... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jan 28, 2018

What you really need to be concerned about is filing a Chapter 7 Bankruptcy to wipe out any personal liability for your debts. You have been lucky so far, but don't push your luck. Chapter 7 Bankruptcy is not simply filling out forms. Trying to handle this matter yourself is not wise. You do... Read more »

2 Answers | Asked in Collections, Estate Planning and Real Estate Law for New Jersey on
Q: Is there a statute of limitations to collect on a judgement against a decedant’s estate when placed prior to death?

Deceased dates: 5/22/07, 4/19/13 Date of judgements (both medical bills): 1/4/05, 9/23/08.

I am currently trying to sell the house to an investor and had trouble determining if this type of judgement has an expiration date or lasts indefinitely.

Stuart Nachbar
Stuart Nachbar answered on Jan 16, 2018

Judgments filed with Trenton (i.e. Have a "J" #) are good for 20 years.

View More Answers

1 Answer | Asked in Contracts and Collections for New Jersey on
Q: Got a right to cure letter didnt see in time.and paid late will i be repoed
Leonard R. Boyer
Leonard R. Boyer answered on Jan 16, 2018

There is insufficient information to answer your question. Please rewrite this in the form of a question.

1 Answer | Asked in Collections for New Jersey on
Q: My check was garnish out my account yesterday from a superior court I need to know why
Leonard R. Boyer
Leonard R. Boyer answered on Jan 15, 2018

A Judgment has probably been entered against you. Depending on your overall financial situation, Bankruptcy may be right for you. An experienced Bankruptcy attorney will be able to determine which type of Bankruptcy is the correct one for you. To properly answer your questions and address your... Read more »

1 Answer | Asked in Civil Litigation and Collections for New Jersey on
Q: received a judgement for $2500.00 in a civil case. Cant get paid.

I filed a writ of execution but was unsuccessful. he still refuses to pay..what can i do? can i file criminal charges under theft?

Stuart Nachbar
Stuart Nachbar answered on Nov 1, 2017

This is the problem that plagues all collection counsel. Figure out what bank he/she uses and levy the bank account, garnish wages, and have sheriff seize his vehicle

1 Answer | Asked in Collections for New Jersey on
Q: 1st contact 4 yr old 400 med bill, bal ins didnt pay, Comp defunct, where do I stand since 0 prev contact & comp gone

I received a $400.00 bill in the mail for the supposed balance on a MRI from 4 years ago. This is supposedly what insurance did not cover. The company is no longer in business and this is the first notice I am receiving for the amount owed. I researched online and medical bills in NJ have a statue... Read more »

Stuart Nachbar
Stuart Nachbar answered on Oct 26, 2017

You would still owe the debt. They could have sold same and the new company is coming after you.

1 Answer | Asked in Collections for New Jersey on
Q: Does a debt collector need to provide physical paperwork before you start paying? Or will emails work from them hold up?

Hi, I was recently notified from a debt collecting attorney that I had an outstanding student loan from 5 years ago. I spoke to them on the phone and they sent me an electronic agreement. Every time I ask for a physical copy, there seems to be an issue. Should I wait to begin payment until I... Read more »

Stuart Nachbar
Stuart Nachbar answered on Aug 1, 2017

There is no rule on this. In today's world an electronic copy of the agreement is probably sufficient.

1 Answer | Asked in Foreclosure, Collections and Real Estate Law for New Jersey on
Q: assoc filed lien against my property 2547.00 of which 1240.00 for assoc. and 70.00 late fees & 700 fine468 legal

now they are sending a letter to pay them 2100 in legal fees is that reason or can they charge whatever they want.

Derek John Soltis
Derek John Soltis answered on Jul 26, 2017

What they can charge is based on the bylaws for the HOA and what a court would consider reasonable. You may want to bring a copy of the bylaws and the court paperwork to an attorney for review.

3 Answers | Asked in Business Law, Civil Litigation, Bankruptcy and Collections for New Jersey on
Q: not sure which lawyer to choose/subject. my business is being sued for non payment of a business loan & large cc debt

personal mostly cc but a couple of bus and credit lines. Was served court papers for 1 already. How do I follow up with all this? I wanted to declare bankruptcy months ago, but I haven't had any income above what my immediate bills are.

Thanks.

Leonard R. Boyer
Leonard R. Boyer answered on Jul 18, 2017

You need to immediately retain an experienced bankruptcy attorney.That is the best and most cost effective way to handle this situation.

View More Answers

1 Answer | Asked in Collections and Traffic Tickets for New Jersey on
Q: there is a judgement against me for $1200 from 1991 for driving on the revoked list. can it be vacated?

Does N.J.S.A. 2A:14-5 apply since it has been over 25 years and their has been no action to reinstate the judgement. It is hindering me from gaining my drivers license.

Stuart Nachbar
Stuart Nachbar answered on Jun 25, 2017

I doubt it as it is probably a government agency

1 Answer | Asked in Consumer Law and Collections for New Jersey on
Q: Collection against me for my child's bill signed by my spouse

This is related to Debt Collection in NJ. There is a collection for a very small amount medical bill for my child. I think my spouse signed the payment agreement when taking our child to the clinic. I am unaware of the collection till it hit my credit report. Is it legal for a collection company to... Read more »

Stuart Nachbar
Stuart Nachbar answered on Jun 12, 2017

As this could be a.matrimonial matter and collection matter, it depends on who is liable under the insurance, the matrimonial agreement and who is the responsible party. Short answer is yes

1 Answer | Asked in Bankruptcy, Civil Litigation and Collections for New Jersey on
Q: Got a letter from the court saying they want to revive a judgment from 19 years ago also asking for wage garnishment.

Do I need a lawyer. they won by default, I didn't even know about it until now. also at the time was living with my father who had the same name at same address , its posible he got letter from them.

Can I ask to vacate judgement .

Michael David Siegel
Michael David Siegel answered on Jun 9, 2017

Yes, you can. It will require a motion. You need to demonstrate a defense and lack of service.

1 Answer | Asked in Collections for New Jersey on
Q: My NJ Class Loan defaulted and now I have a judgment against me for $12,000 with fees. I was able to get a forbearance

on my Navient loans of $60,000. I am also going through a divorce. I am not bringing in enough to try and make payments currently on my NJ Class Loan until after the divorce is final and I move. Is there anything I can do to stop the garnishment?

Stuart Nachbar
Stuart Nachbar answered on May 16, 2017

The only ways to stop a garnishment (if issued) is to file bankruptcy or get them to agree to a monthly amount and have them put in writing not to go through with same. Short of that, not much. Also note that most student loans are not dischargeable in Bankruptcy, only put them on hold, but... Read more »

1 Answer | Asked in Criminal Law, Banking, Civil Litigation and Collections for New Jersey on
Q: received a check without funds. what i do? i call the writer of the check, but i think he try to avoid me.

i am afraid he doesn't have nothing in his Name. but i know he have houses and cars...

He is located in NY and i live in NJ.

Leonard R. Boyer
Leonard R. Boyer answered on Apr 26, 2017

Contact the Prosecutor in the town where the check was issued and file charges.

1 Answer | Asked in Consumer Law, Car Accidents and Collections for New Jersey on
Q: I have a Judgement by default that was entered 8yrs ago. It's an insurance company claiming 13k. I need legal advice.
Peter N. Munsing
Peter N. Munsing answered on Sep 28, 2016

If they didn't renew it it may be beyond the statute of limitations. Contact a consumer attorney.

1 Answer | Asked in Collections, Consumer Law and Contracts for New Jersey on
Q: gave the funeral home $ 5000 out of $7000, I have a remaining balance of $2000 can I pay later like 30 days later

I was wondering can they offer a payment plan or 30 days later after funeral

Leonard R. Boyer
Leonard R. Boyer answered on Jun 16, 2016

Call them up and ask them!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.