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New Jersey Collections Questions & Answers
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
PREMIUM
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... Read 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... Read more »

W. J. Winterstein Jr.
PREMIUM
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... Read 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
Leonard R. Boyer
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... Read 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
PREMIUM
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... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Jan 18, 2022

Significiantly more information is required for a meaningful answer.

1 Answer | Asked in Collections for New Jersey on
Q: who's responsible for towing bill plumber truck got stuck in my driveway was told about the driveway drove off it anyway
Leonard R. Boyer
Leonard R. Boyer
answered on Jul 18, 2021

You are certainly not responsible and should not pay it.

1 Answer | Asked in Consumer Law, Collections and Health Care Law for New Jersey on
Q: During a medical procedure, my doctor sent biopsies to an out-of-network lab. Am I financially responsible?

The doctor could have used Labcore or Quest, both in network labs. However, he sent them to an out of network lab, without my knowledge or permission. Can the lab he sent them to bill me?

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Jun 7, 2021

Yes.

1 Answer | Asked in Consumer Law and Collections for New Jersey on
Q: How is the time period for collecting on credit card debt calculated?

Is the time period for collecting on credit card debt calculated from the date of the last credit charge? Say a creditor is trying to collect on credit card debt that includes charges that are more than 6 years old (older than the statute of limitations) can they still collect on those charges or... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Feb 14, 2021

The only thing that actually matters is whether or not you intend to pay the debt or file for bankruptcy to eliminate this and any other dischargeable debts that you may have. The relevant statute of limitations is six years.

1 Answer | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for New Jersey on
Q: Post-judgement interest in NJ on Small Claims Court decision has to be explicitly granted?

When judgement is entered in small claims court decision (NJ, less than $3k) - is post-judgement interest automatically applicable if it is not explicitly ordered by judge? I found article that says usually it is automatic per federal standards, but I don't want simply to assume this. Any... Read more »

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Feb 10, 2021

Yes it is automatic once judgment is entered

2 Answers | Asked in Bankruptcy, Consumer Law, Business Law and Collections for New Jersey on
Q: I have a judgement against me how can I vacate it?

I did a confession of judgment for a merchant cash advance, I had to close a small businesses that I had and with the confession of judgment the cash advance companie got a judgment against me, I read that confession of judgment doesn't apply out of the state of NY, I live in New Jersey an... Read more »

Timothy Denison
Timothy Denison
answered on Feb 10, 2021

Likely it will not be vacated bc you agreed to it. Hire a bankruptcy attorney to evaluate your financial situation and consider filing chapter 7 to eliminate the judgment.

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2 Answers | Asked in Civil Litigation and Collections for New Jersey on
Q: May I file a Foreign Judgement in DE Superior Court myself? Trying to collect $ from default creditor who's now in DE.

I've handled this on own in NJ Special Civil Part. Plan to file for Exemplified Copy of Judgement next. I want to file in DE without a lawyer if possible.

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Feb 5, 2021

Yes. However, to be prudent, check DE Court Rules to make sure your filing satisfies DE requirements.

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1 Answer | Asked in Business Law and Collections for New Jersey on
Q: i had convenience store and by my employee, food stamp fraud happen and need help for that.

i got letter for $12k penalty but did not pay and closed store. but even after couple of year, they took money around $15k and still shows $23k i have pay after penalty and interest on it. i would like to resolved this. please help.

Paul J. Riviere
Paul J. Riviere
answered on Aug 18, 2020

It sounds like you may have received a charge letter, pursuant to 7 C.F.R. §278.6(b), did you respond? You need an attorney to help you mitigate the penalties you are faced with. The USDA or AG's office can be very challenging to deal with.

1 Answer | Asked in Collections for New Jersey on
Q: am i still responsible for my wife's medical bills after she passes

I didn't sign as guaranteer

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Jun 12, 2020

It really depends if you signed as a guarantor of the bills, or did you not sign anything. Ask them for proof that you signed as a guarantor before you make anymore payments. Also remember that being a power of attorney does not automatically make you liable.

6 Answers | Asked in Bankruptcy and Collections for New Jersey on
Q: Should a private student loan that went to collections have been discharged with a chapter 7 bankruptcy?

I filed for bankruptcy in August 2019 and received a discharge in November 2019. My lawyer stated that my student loans (I had 5 federal and 2 private which had long since gone to collections) would never get discharged so he didn't attempt to file for an adversary proceeding. I had two Sallie... Read more »

Karra Kingston
Karra Kingston
answered on Mar 2, 2020

They can still collect against you.

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1 Answer | Asked in Collections and Consumer Law for New Jersey on
Q: New Jersey IF a collection co sues me and wins judgement...

1. Can they update payments made on the judgment on my credit report as collections updating a collections account?

2. If other collections are being reported as updated payments being made when no payments have been since before 2012 be still reporting on my credit report?

Leonard R. Boyer
Leonard R. Boyer
answered on Jan 6, 2020

Depending on your overall financial situation, filing for Bankruptcy may be a better alternative. You should consult with an experienced bankruptcy attorney.

1 Answer | Asked in Contracts, Estate Planning and Collections for New Jersey on
Q: What must be included in a creditor's claim letter against an estate?
Paul J. Riviere
Paul J. Riviere
answered on Dec 19, 2019

As per N.J.S.A. 3B:22-4, Creditors of the decedent shall present their claims to the personal representative of the decedent’s estate:

-in writing, and

-under oath,

-specifying the amount claimed, and

-the particulars of the claim.

-within nine months from the date of the decedent's death.

1 Answer | Asked in Collections for New Jersey on
Q: Was served judgement letter for break of contract. Shous I contact their lawyer or respond to the courts with letter?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Dec 14, 2019

You should have previously been served with a Summins and Complaint and other documents. If you are going to try admnf work it out, call the lawyer. If you are objecting to the judgment, you file with the clerk of the court and copy the lawyer

4 Answers | Asked in Bankruptcy and Collections for New Jersey on
Q: I closed my business.can't pay back my business loan and I personally guaranteed If i get sued and not appear at court?
Michael David Siegel
Michael David Siegel
answered on Oct 23, 2019

You will get sued and you should appear and try to settle it.

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1 Answer | Asked in Child Custody and Collections for New Jersey on
Q: Can I move out at 19 without a parents permission? And will the cops get involved ?

I have strict parents and I’m 19 they do not let me do anything I want to move you but I’m afraid that they’re going to call the cops.... can I move out at 19 without their permission ??

Teresa L. Reichek
Teresa L. Reichek
answered on Oct 4, 2019

Yes. Once you are 18 years old you have reached the age of majority. Unless you are declared mentally incompetent you are free to do as you please including vote, sign contracts or move out. That being said you need to consider if you have enough income to support yourself. It would not be a good... Read more »

1 Answer | Asked in Consumer Law, Banking, Business Law and Collections for New Jersey on
Q: Ate payday loans illegal in NJ?

I heard that payday loans are illegal in NJ. I took 600 put and paid four payments of $206 . I also heard that since they are illegal I only have to pay the principal. Is this true,? The rest of my cc and such ate in good standing so I don't want to file for bankruptsy. What can they do to me,,?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 8, 2019

Think this all the way through: If the payday loan creditor operates its business anywhere in the state of New Jersey there is a really strong possibility that payday loans are NOT illegal in New Jersey. What can they do if you do not repay? They can sue you.

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