New Jersey Collections Questions & Answers

Q: Small claims matter of $5000 owed by multiple people.Have texts showing they agreed to pay me back.Worth going to court?

1 Answer | Asked in Business Law, Contracts, Collections and Small Claims for New Jersey on
Answered on Dec 26, 2018
Leonard R. Boyer's answer
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?

Q: Can a judgement for a funeral bill attach a lien to your property if it is a low income unit?

1 Answer | Asked in Bankruptcy and Collections for New Jersey on
Answered on Dec 23, 2018
Leonard R. Boyer's answer
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.

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

2 Answers | Asked in Collections for New Jersey on
Answered on Sep 25, 2018
Stuart Nachbar's answer
As long as the Statute of Limitations has not expired, then yes, they have the right to collect

Q: What are my legal rights?

3 Answers | Asked in Bankruptcy and Collections for New Jersey on
Answered on Apr 24, 2018
Leonard R. Boyer's answer
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 attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.

Q: I’ve been given notice about a judgement fr midland funding for $619 & I’m trying to vacate judgement in N.J. help?!

1 Answer | Asked in Collections and Small Claims for New Jersey on
Answered on Mar 17, 2018
Leonard R. Boyer's answer
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.

Q: Can your wages be garnished in the State of NJ on a defaulted auto loan if the car is voluntarily repossessed?

1 Answer | Asked in Consumer Law and Collections for New Jersey on
Answered on Mar 13, 2018
Leonard R. Boyer's answer
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 Bankruptcy and if there was an adversary proceeding started against you, or an objection filed to your plan, you would be like a deer in the headlights. To properly answer your questions and address...

Q: in NJ, how long does junior lien holder have to sue after foreclosure by 1st position lienholder on RENTAL property?

1 Answer | Asked in Consumer Law, Foreclosure, Real Estate Law and Collections for New Jersey on
Answered on Jan 28, 2018
Leonard R. Boyer's answer
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 not know the USBC, you do not know the local rules of Bankruptcy and if there was an adversary proceeding started against you, or an objection filed to your plan, you would be like a deer in the headlights....

Q: Is there a statute of limitations to collect on a judgement against a decedant’s estate when placed prior to death?

2 Answers | Asked in Collections, Estate Planning and Real Estate Law for New Jersey on
Answered on Jan 16, 2018
Stuart Nachbar's answer
Judgments filed with Trenton (i.e. Have a "J" #) are good for 20 years.

Q: Got a right to cure letter didnt see in time.and paid late will i be repoed

1 Answer | Asked in Contracts and Collections for New Jersey on
Answered on Jan 16, 2018
Leonard R. Boyer's answer
There is insufficient information to answer your question. Please rewrite this in the form of a question.

Q: My check was garnish out my account yesterday from a superior court I need to know why

1 Answer | Asked in Collections for New Jersey on
Answered on Jan 15, 2018
Leonard R. Boyer's answer
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 concerns, the best way to handle this is with an in person consultation with an experienced bankruptcy attorney. Good luck. Pick the best lawyer you can find and remember one rule: a good lawyer is...

Q: received a judgement for $2500.00 in a civil case. Cant get paid.

1 Answer | Asked in Civil Litigation and Collections for New Jersey on
Answered on Nov 1, 2017
Stuart Nachbar's answer
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

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

1 Answer | Asked in Collections for New Jersey on
Answered on Oct 26, 2017
Stuart Nachbar's answer
You would still owe the debt. They could have sold same and the new company is coming after you.

Q: Does a debt collector need to provide physical paperwork before you start paying? Or will emails work from them hold up?

1 Answer | Asked in Collections for New Jersey on
Answered on Aug 1, 2017
Stuart Nachbar's answer
There is no rule on this. In today's world an electronic copy of the agreement is probably sufficient.

Q: assoc filed lien against my property 2547.00 of which 1240.00 for assoc. and 70.00 late fees & 700 fine468 legal

1 Answer | Asked in Foreclosure, Collections and Real Estate Law for New Jersey on
Answered on Jul 26, 2017
Derek John Soltis' answer
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.

Q: not sure which lawyer to choose/subject. my business is being sued for non payment of a business loan & large cc debt

3 Answers | Asked in Business Law, Civil Litigation, Bankruptcy and Collections for New Jersey on
Answered on Jul 18, 2017
Leonard R. Boyer's answer
You need to immediately retain an experienced bankruptcy attorney.That is the best and most cost effective way to handle this situation.

Q: there is a judgement against me for $1200 from 1991 for driving on the revoked list. can it be vacated?

1 Answer | Asked in Collections and Traffic Tickets for New Jersey on
Answered on Jun 25, 2017
Stuart Nachbar's answer
I doubt it as it is probably a government agency

Q: Collection against me for my child's bill signed by my spouse

1 Answer | Asked in Consumer Law and Collections for New Jersey on
Answered on Jun 12, 2017
Stuart Nachbar's answer
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

Q: Got a letter from the court saying they want to revive a judgment from 19 years ago also asking for wage garnishment.

1 Answer | Asked in Bankruptcy, Civil Litigation and Collections for New Jersey on
Answered on Jun 9, 2017
Michael David Siegel's answer
Yes, you can. It will require a motion. You need to demonstrate a defense and lack of service.

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

1 Answer | Asked in Collections for New Jersey on
Answered on May 16, 2017
Stuart Nachbar's answer
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 interest and fees continue to accumulate

Q: received a check without funds. what i do? i call the writer of the check, but i think he try to avoid me.

1 Answer | Asked in Criminal Law, Banking, Civil Litigation and Collections for New Jersey on
Answered on Apr 26, 2017
Leonard R. Boyer's answer
Contact the Prosecutor in the town where the check was issued and file charges.

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.