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New Jersey Collections Questions & Answers
0 Answers | Asked in Consumer Law and Collections for New Jersey on
Q: I need help with an old judgement that was dismissed at one point and I was never notified that it wasn't

A judgement against me had been dismissed in 2011 but in 2014 it was brought before a judge again and I was never notified and only found out a few months ago because my bank accounts were frozen. The original judgement for $3100 is now over $6000 and I am trying to find out if there is anything I... View More

0 Answers | Asked in Collections for New Jersey on
Q: Can a law firm send documents to my parents and not me, and still hold me liable for collection court dates?

So I had a collection which got a lawfirm to send all the certified mail to my parents house, which my father who is a Jr. signed for and bypassed USPS getting a signature from him having the same first and last name as me. I received none of the court date requests so obviously I couldn't... View More

1 Answer | Asked in Child Support, Family Law and Collections for New Jersey on
Q: What can I do if child support enforcement is trying to go after debt I cannot pay off because I am poor?

I am a 3 combat tour vet who is on VA disability and cannot work due to severe PTSD. I gave up my parental rights and child support enforcement in Washington state is attempting to collect on what I owe by dissolving what I own at this point is clothing and what I do use is loaned to me from my... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 7, 2024

Contact legal aid or other legal services organizations in your city who can take care of this for you for free.

3 Answers | Asked in Bankruptcy, Banking, Business Law and Collections for New Jersey on
Q: Am I personally liable for an EIDL loan of $130k taken out by my S Corp if I close the business?

I have a small business set up as an S Corp in NJ. Took out a $130k EIDL loan as well as a $30k loan from my bank. Business is dying. Will the SBA be able to go after my personal assets if I close the business? No personal guarantee, only against collateral/inventory which is hard to sell right... View More

Michael David Siegel
Michael David Siegel
answered on Jan 26, 2024

This is actually an evolving area of the law. If you have no guarantee, the answer should be no. But, the SBA has been investigating whether proceeds were properly used. If you took the money for improper purposes, the US Attorney could come after you. But, there are so many of these loans, it... View More

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1 Answer | Asked in Estate Planning, Collections, Elder Law and Probate for New Jersey on
Q: In NJ, my dad passed away having credit card debt. There was no co-ownership/joint owners with the credit cards.

We were unaware of him having credit cards nor have any evidence of credit cards until the bills and calls started rolling in. My dad did not have bank accounts in his own name. Whatever was jointly owned has been transferred through the right of survivorship to his wife. How can we pay for this... View More

Anthony M. Avery
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answered on Dec 8, 2023

Consult with a NJ attorney. But try to avoid Probate as that will attract the creditors. It is not the Spouse's debt, but sometimes the Spouse can be held liable for necessities. Again, avoid Probate, and see if any exemption statutes protect her.

1 Answer | Asked in Estate Planning, Collections, Legal Malpractice and Probate for New Jersey on
Q: Why didn't I get a physical copy of the agreement between me and my attorney and why won't you send me one?

The attorney that I retained never gave me the written agreement between us for what he should be doing and charging during administration of my mother's estate. I asked him to send me a copy but he never did. When I voiced my dissatisfaction about the services I had acquired. I received a... View More

Joel Gary Selik
Joel Gary Selik
answered on Nov 7, 2023

The attorney should most certainly provide you a copy. In some States the fee agreement is invalid if you do not get a copy.

Put your request for the fee agreement in writing.

2 Answers | Asked in Banking, Consumer Law and Collections for New Jersey on
Q: I hold business credit cards with outstanding balances from major banks including PNC Bank, BOA, and Chase.

These CC accounts are approx. 2-3 years old and unfortunately, due to business challenges, I am considering closing down the business. I personally guaranteed these business CC. The business has been experiencing financial instability for a while now, and it has become increasingly difficult to... View More

Leonard R. Boyer
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answered on Aug 29, 2023

If you are in CA, why are you asking for NJ? The State you live in determines where you would file bankruptcy if that is appropriate. Whether you will have to file both a business and personal attorney cannot be determined on these facts. Pick the best attorney you can find and remember one rule:... View More

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1 Answer | Asked in Collections and Small Claims for New Jersey on
Q: How would a lawyer go about finding out if a business is out of business for a judgement?

Currently buying a home and a judgement from 2008 has come up. A new lawyer inherited the case and I believe the business is no longer in service. Would he be getting the lawyer fees?

Morris Leo Greb
Morris Leo Greb
answered on Aug 28, 2023

There are several solutions to your query. Speak to an attorney experienced in real estate transactions.

1 Answer | Asked in Contracts, Collections and Health Care Law for New Jersey on
Q: am a marketer for med labs. Did not get paid for covid related testing. Need a lawyer to recover $ will share around 70k

I worked for few labs during covid testing. They are not paying me for my services. Amount is around 70k. I need a lawyer to work with me to recover those funds.

In past i have seen that labs hate to deal with lawyers n settle or pay asap. Plus i know few things about those labs work... View More

Tim Akpinar
Tim Akpinar
answered on Aug 8, 2023

It is difficult for attorneys here to respond with an offer of their services. This isn't set up like an attorney referral service - the format basically brief Q & A. One option, in addition to your own searches is the tab above, "Find a Lawyer," or the attorney referral services... View More

1 Answer | Asked in Collections for New Jersey on
Q: Can someone trying to obtain a judgement against me for restitution (that is being paid) ask for bank statements?

I am paying restitution regularly through probation but cannot afford to pay more monthly

Joel Gary Selik
Joel Gary Selik
answered on Jul 19, 2023

Once a judgment is obtained, not usually before, the Judgment Creditor can subpoena or demand bank statements and other detailed information reflecting income and assets.

1 Answer | Asked in Consumer Law, Collections, Identity Theft and Internet Law for New Jersey on
Q: My company is SaaS system provider, is legal to outsource DBA job to China? to take care of customer's data?

My company is SaaS system provider, take care of customer's data, we have some bank customers in the US. but for saving money, we outsource database administrators, system engineers job to our China's branch, these engineers access the SaaS system and data remotely from China, is it legal?

Barry W. Kaufman
Barry W. Kaufman
answered on Jul 4, 2023

Why wouldn't this arrangement be legal?

1 Answer | Asked in Real Estate Law, Collections and Landlord - Tenant for New Jersey on
Q: My wife and I want to purchase a home but won't be able to afford it unless we stop paying rent and pay down debt

My question is, if we miss a couple of months of rent and pay off all of our debt (credit cards, etc) will this effect our home purchasing options? I don't want to not pay rent or not work with them, but this seems like the only way for us to be able to get our credit to a good enough standing.

Leonard R. Boyer
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answered on Jun 2, 2023

Your idea makes as much sense as shooting yourself in the head! Sorry to be harsh, but that will lower your credit rating and make you a bad risk to a prospective lender. The real estate market is overdue for a crash and when it does crash it is widely believed that it will be at least 6 years... View More

1 Answer | Asked in Collections for New Jersey on
Q: Does the selling of medical debt to 3rd party collection agencies violate HIPAA? If not, how not?

Doesn’t this give personal medical information to a 3rd party without the consent of the patient?

Leonard R. Boyer
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answered on May 25, 2023

The selling of medical debt to a collection agency or a junk debt buyer has nothing to do with HIPAA. There is nothing in HIPAA about debt collection, so that is why.

2 Answers | Asked in Civil Litigation and Collections for New Jersey on
Q: Can you sue a Dentist who sent you to collections even though your bill was paid?
Morris Leo Greb
Morris Leo Greb
answered on May 18, 2023

If the requirements of the Fair Debt Collection Practices Act (15 U.S.C. Sec 1692) were not followed, you have a cause of action.

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2 Answers | Asked in Banking and Collections for New Jersey on
Q: Wells Fargo is withdrawing money from my account for CC debt without my permission. Is that legal?

I tried to work with them with a debt consolidation firm a few years ago. They were the only CC that would not. I have my personal accounts and my mortgage through them. They continue to take money out of my account and refuse to work with me to set up a payment plan for repayment. I can't... View More

Morris Leo Greb
Morris Leo Greb
answered on May 3, 2023

In order for the withdrawals to be made there must either be a provision in the loan agreement or a suit was filed for which a judgment was obtained to collect the debt.

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1 Answer | Asked in Collections for New Jersey on
Q: Hello, I was sent to a debt collector for unpaid rent, however it’s my mothers rent.

Hello

Morris Leo Greb
Morris Leo Greb
answered on Oct 4, 2022

If you signed the lease, you are responsible for the rent even if you never lived there. If your mother added your name but you did not sign the lease, the debt is not your obligation. In any event write to the debt collection agency stating that you are not responsible and request proof supporting... View More

2 Answers | Asked in Banking, Bankruptcy and Collections for New Jersey on
Q: Hi, I have about $100k in business credit card debt(a total of 11 credit cards). I am the personal guarantee for all

of them. All cards are current and I am still making payments, but not getting no where with the interest rates.

Can I negotiate with the banks for a lower amount?

How will this impact my personal credit and my business credit (Dun & Bradstreet)? If I am not able to satisfy the... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 16, 2022

If your credit accounts are current, of course you can approach the credit card issuers with a request for a lower interest rate, but your chances of success are dim when the Fed is raising rates steeply toward a tentative goal of 5.5% by year's end (that's the prime rate, and most credit... View More

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1 Answer | Asked in Banking and Collections for New Jersey on
Q: I found out I have a bank levy and they took all the funds from my account. I have direct deposit from my job.

Since they already withdrew my funds, will I receive my next deposit?

Leonard R. Boyer
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answered on Feb 26, 2022

First of all, we don't know who "they" are, so realistically, you should first make sure your next direct deposit goes into a new account, like a Credit Union. Second, you need to retain an experienced civil litigation and bankruptcy attorney and possibly someone who also has a... View More

1 Answer | Asked in Collections for New Jersey on
Q: Have a collection company harassing in ga.. Sterling associates saying I had a balance of open loan 7 years ago .

They sad I do t pay will issue a warrant for my arrest very threating what should I do

Morris Leo Greb
Morris Leo Greb
answered on Jan 25, 2022

Any collection action letter from an adjustment bureau or credit collection agency must conform to the Fair Debt Collection Act. There may be sanctions imposed on the agency for noncompliance. You seek the advice of an attorney who has experience with debtors' rights.

1 Answer | Asked in Banking, Civil Litigation and Collections for New Jersey on
Q: Can a court levy my bank account without notification of any court case against me?

I currently live in FL. Previously lived in NJ. Noticed today that checking and savings accounts were levied. When I spoke to my bank, they said the superior court of NJ authorized this. I never received any notification of a pending court case against me. The address on my license and with the... View More

Leonard R. Boyer
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answered on Jan 18, 2022

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