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

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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1 Answer | Asked in Collections and Small Claims for New Jersey on
Q: I’ve been given notice about a judgement fr midland funding for $619 & I’m trying to vacate judgement in N.J. help?!

What are the exact forms and wording to use ? I never received letter prior to this ? I’ve also been given subpoena. Last payment made to target National Bank was 7/2009 & judgement was placed against me on 1/2015.

Leonard R. Boyer
Leonard R. Boyer answered on Mar 17, 2018

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.

1 Answer | Asked in Consumer Law and Collections for New Jersey on
Q: Can your wages be garnished in the State of NJ on a defaulted auto loan if the car is voluntarily repossessed?
Leonard R. Boyer
Leonard R. Boyer answered on Mar 13, 2018

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... Read more »

1 Answer | Asked in Consumer Law, Foreclosure, Real Estate Law and Collections for New Jersey on
Q: in NJ, how long does junior lien holder have to sue after foreclosure by 1st position lienholder on RENTAL property?

I had a rental property that was sold at sheriff sale in NJ--foreclosed on by first mortgage co. I know that NJ statute N.J.S.A. 2A:50-8 says that the junior lien holder only has 1 year to sue or debt is time barred. However, does this statute only apply to property that was primary residence... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jan 28, 2018

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... Read more »

2 Answers | Asked in Collections, Estate Planning and Real Estate Law for New Jersey on
Q: Is there a statute of limitations to collect on a judgement against a decedant’s estate when placed prior to death?

Deceased dates: 5/22/07, 4/19/13 Date of judgements (both medical bills): 1/4/05, 9/23/08.

I am currently trying to sell the house to an investor and had trouble determining if this type of judgement has an expiration date or lasts indefinitely.

Stuart Nachbar
Stuart Nachbar answered on Jan 16, 2018

Judgments filed with Trenton (i.e. Have a "J" #) are good for 20 years.

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1 Answer | Asked in Contracts and Collections for New Jersey on
Q: Got a right to cure letter didnt see in time.and paid late will i be repoed
Leonard R. Boyer
Leonard R. Boyer answered on Jan 16, 2018

There is insufficient information to answer your question. Please rewrite this in the form of a question.

1 Answer | Asked in Collections for New Jersey on
Q: My check was garnish out my account yesterday from a superior court I need to know why
Leonard R. Boyer
Leonard R. Boyer answered on Jan 15, 2018

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... Read more »

1 Answer | Asked in Civil Litigation and Collections for New Jersey on
Q: received a judgement for $2500.00 in a civil case. Cant get paid.

I filed a writ of execution but was unsuccessful. he still refuses to pay..what can i do? can i file criminal charges under theft?

Stuart Nachbar
Stuart Nachbar answered on Nov 1, 2017

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

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