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New Jersey Collections Questions & Answers
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
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
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
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
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.

1 Answer | Asked in Consumer Law, Civil Litigation and Collections for New Jersey on
Q: If a judge it's a court order the 2% of wages can be garnished how is it possible that the plaintiff attorney could then

Say screw you judge I'm going to take 100% of your wages by freezing the bank account isn't that contempt of court isn't that directly Define the judge how could it possibly be legal

Stuart Nachbar
Stuart Nachbar answered on Jun 28, 2019

The difference is a wage garnishment vs a levy. Wage garnishment is up to 10% of weekly pay. A levy is on an asset, including a bank account. It does not matter that it is wages, because unless it is social security, it is not exempt. Hope you see the difference

1 Answer | Asked in Collections for New Jersey on
Q: Does the Servicemember Civil Relief Act apply towards post judgment interest rates?
Stuart Nachbar
Stuart Nachbar answered on Jun 25, 2019

I do not believe so. While it does protect against default judgment, and it does force creditors to only charge a 6% interest (cap), being that Post Judgment Interest Rates are not that high, I would not think so

1 Answer | Asked in Criminal Law, Civil Litigation, Collections and Federal Crimes for New Jersey on
Q: Adp mistakenly sent taxes on payrolls that were done in error by an employee that did not know how to process payroll

mistakenly sent taxes on payrolls that were done in error by an employee that did not know how to process payroll accurately. Payrolls were voided immediately (proof can be provided by adp)

But taxes and paycheck monies were drafted out of my pnc account totaling over 200k my bank was... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jun 7, 2019

You really need to seek an in person consultation where the attorney can see all the paperwork to give you a proper answer, but expect to pay for the attorneys time as that is not part of the normal criminal free in office consultation.

1 Answer | Asked in Business Law, Contracts, Collections and Small Claims for New Jersey on
Q: Small claims matter of $5000 owed by multiple people.Have texts showing they agreed to pay me back.Worth going to court?

I loaned multiple people money this past year. The money was loaned to people who were at the time long-term friends who agreed to pay me back ASAP. All of these people live in NJ and I have personal information (Addresses, etc) for all of them. I have texts showing them asking me for money and... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Dec 26, 2018

You should go to Court, but an attorney is not going to be willing to handle your cases, since it would not be cost effective. If you are really in such bad financial shape, why would you ever loan money to anyone?

1 Answer | Asked in Bankruptcy and Collections for New Jersey on
Q: Can a judgement for a funeral bill attach a lien to your property if it is a low income unit?
Leonard R. Boyer
Leonard R. Boyer answered on Dec 23, 2018

Yes, it certain can, after the creditor gets a Judgment against you. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced bankruptcy attorney.

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

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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 »

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