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New Jersey Collections Questions & Answers
2 Answers | Asked in Bankruptcy, Collections, Estate Planning and Probate for New Jersey on
Q: If a deceased person has credit card debt, is it the responsibility of the executor to pay those cards?
Tim Akpinar
Tim Akpinar
answered on Aug 14, 2024

Attorneys who handle estate-related matters could answer your question best, but you await a response for a week. Your question may have been overlooked in the general "Uncategorized" category. Although some questions do go unanswered on this forum, you could try reposting and adding the... View More

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1 Answer | Asked in Civil Litigation and Collections for New Jersey on
Q: I'm having trouble understanding part of a interrogatories question from a debt collection lawyer. The part I'm having

Trouble with is" set forth in detail each defense which the defendant has to the above-entitled cause of action"

Tim Akpinar
Tim Akpinar
answered on Jun 15, 2024

This is something that a collections defense attorney should advise on, but you await a response for two weeks. If you haven't already replied, it could be worth consulting with an experienced attorney on those questions. Those responses are important and could be fact-specific, depending on... View More

1 Answer | Asked in Consumer Law and Collections for New Jersey on
Q: i live in new jersey but want to sue a company in san bruno, california. do i have to go to CA. to file?

In October 2023, I found $72.99 unauthorized charges on my bank statement. Bank advised cancelling the card. Later, discovered more unauthorized withdrawals from YouTubeTV, totaling $291.96. Despite bank's provisional credits, YouTubeTV didn’t refund, leaving negative balance. Months of... View More

Barry W. Kaufman
Barry W. Kaufman
answered on May 2, 2024

You can file in California, if the terms of service of YouTube TV allow you to sue at all. There may be a mandatory arbitration provision. You are not going to be able to recover for the things you mentioned. You can recover for the money that you are actually out - around what, $400?

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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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

James L. Arrasmith
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answered on Jan 26, 2024

In New Jersey, as with other states, the structure of an S Corporation typically provides a degree of separation between the business's debts and your personal assets. This means that in many cases, shareholders are not personally liable for the debts of the corporation.

Since you...
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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

Leonard R. Boyer
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answered on Jan 26, 2024

If your business closes next week, you're personally liable for the debt. EIDLs are not forgivable. You'll repay them over the 30-year term, though you can pay your loan off early with no prepayment penalties. Also, for future reference, a Sub-Chapter S corp is your worst nightmare and... View More

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1 Answer | Asked in Bankruptcy, Consumer Law, Collections and Small Claims for New Jersey on
Q: Hi! What happens with the 7 year credit statue after chapter 13 dismissal?

So I recently had my chapter 13 dismissed. I no longer needed the automatic stay for my apartment. My landlord had been receiving nj rental assistance without my knowledge. When I found out she was getting double rent, I stopped. I was given a STUDENT(yet to even take the bar) who wasn’t doing... View More

James L. Arrasmith
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answered on Jul 18, 2024

When your Chapter 13 bankruptcy is dismissed, creditors can resume their collection efforts, which includes reporting debts to credit bureaus. However, the seven-year statute for negative items on your credit report should start from the date of the original delinquency, not the date they reappear.... 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.

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
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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