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New Jersey Collections Questions & Answers
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 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: Hello, I was sent to a debt collector for unpaid rent, however it’s my mothers rent.

Hello

Morris Leo Greb
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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

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... View More

Stuart Nachbar
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Stuart Nachbar
answered on Jun 17, 2022

You can negotiate with them. Any break they give you MAY result in a 1099-C for taxes. They start reporting usually after the first late 30 days occurs. Debt management companies, in my opinion, are not good as the first several months of payment go to their fees, and nothing is done to protect... View More

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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... View More

W. J. Winterstein Jr.
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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... 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
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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 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
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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
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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
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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 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
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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... View 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
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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... View More

Leonard R. Boyer
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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
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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... View More

Leonard R. Boyer
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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... View More

Stuart Nachbar
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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... View 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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