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New Jersey Collections Questions & Answers

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 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 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 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. 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 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 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 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 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 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 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 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 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 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 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 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

1 Answer | Asked in Collections for New Jersey on

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

I received a $400.00 bill in the mail for the supposed balance on a MRI from 4 years ago. This is supposedly what insurance did not cover. The company is no longer in business and this is the first notice I am receiving for the amount owed. I researched online and medical bills in NJ have a statue... Read more »

Stuart Nachbar answered on Oct 26, 2017

You would still owe the debt. They could have sold same and the new company is coming after you.

1 Answer | Asked in Collections for New Jersey on

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

Hi, I was recently notified from a debt collecting attorney that I had an outstanding student loan from 5 years ago. I spoke to them on the phone and they sent me an electronic agreement. Every time I ask for a physical copy, there seems to be an issue. Should I wait to begin payment until I... Read more »

Stuart Nachbar answered on Aug 1, 2017

There is no rule on this. In today's world an electronic copy of the agreement is probably sufficient.

1 Answer | Asked in Foreclosure, Collections and Real Estate Law for New Jersey on

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

now they are sending a letter to pay them 2100 in legal fees is that reason or can they charge whatever they want.

Derek John Soltis answered on Jul 26, 2017

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.

3 Answers | Asked in Business Law, Civil Litigation, Bankruptcy and Collections for New Jersey on

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

personal mostly cc but a couple of bus and credit lines. Was served court papers for 1 already. How do I follow up with all this? I wanted to declare bankruptcy months ago, but I haven't had any income above what my immediate bills are.

Thanks.

Leonard R. Boyer answered on Jul 18, 2017

You need to immediately retain an experienced bankruptcy attorney.That is the best and most cost effective way to handle this situation.

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1 Answer | Asked in Collections and Traffic Tickets for New Jersey on

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

Does N.J.S.A. 2A:14-5 apply since it has been over 25 years and their has been no action to reinstate the judgement. It is hindering me from gaining my drivers license.

Stuart Nachbar answered on Jun 25, 2017

I doubt it as it is probably a government agency

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