Philip D Stern’s Answers

Philip D Stern

Maplewood Debt Collection Attorney.

Contributor Level 11
  1. My attorney wants new contract with me to collect a judgment we won when he worked on contingency. What do i do?

    Answered over 1 year ago.

    1. Philip D Stern
    2. Robert L Gutman
    3. Steven Todd Keppler
    4. Greg R Groeneveld
    4 lawyer answers

    Duncan, The answer to your question depends on your written retainer agreement. It is common that, when an attorney handles a case on contingency, the contingent fee covers legal services up to obtaining judgment. Therefore, it would not cover legal services for an appeal or for collection of the judgment. Also, if you do hire another attorney to collect the judgment, your first attorney is entitled to a lien for the services he performed. Without a thorough review of the case, I would not...

    7 lawyers agreed with this answer

  2. Collection agency

    Answered over 2 years ago.

    1. Philip D Stern
    2. Peter Joseph Lamont
    3. Corey Dustin Silverstein
    3 lawyer answers

    I am assuming that your child is over 18 and that your child has not given the collection agency permission to speak with you. The law says that the collection agency can only speak to: (1) you child, (2) his or her spouse, (3) his or her attorney, (4) the collection agency's attorney, (5) the collection agency's client, and (6) the attorney for the collection agency's client. There are three exceptions which allow the debt collector to speak with anyone else: the debt collector gets a court...

    6 lawyers agreed with this answer

  3. Am I Judgement proof?

    Answered 11 months ago.

    1. Philip D Stern
    2. Ivan Raevski
    3. Christine B. Adams
    4. Sandra Maria Nutt
    4 lawyer answers

    I was in your area this morning as I just got back from the Ocean County Courthouse. Yes, you are judgment proof because someone who gets a judgment against you cannot levy against your Social Security benefits or pension benefits (assuming those benefits were from a qualifying ERISA plan, which most are). If these are consumer debts (such as medical bills, household or utility bills, or store or credit cards used for personal purchases), you are protected by the federal Fair Debt Collection...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Can a company garnish my wages in NJ?

    Answered over 1 year ago.

    1. Philip D Stern
    2. Robert N Braverman
    3. Daniel Dwight Bowen
    3 lawyer answers

    They have to sue you first before they garnish wages or levy on bank accounts. If they sue, it will be in the Special Civil Part of the Law Division in Essex County. The Court Clerk will mail the complaint to you in duplicate -- one by regular mail and one by certified mail. You MUST file a written answer within 35 days of receipt -- the Court is VERY, VERY, VERY UNFORGIVING if you are late and don't have a very good reason why you were unable to timely file an answer within 35 days. If you...

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  5. Being sued by Citibank N.A. for outstanding credit card debt in Bergen County (Law Division), NJ.

    Answered 2 months ago.

    1. Philip D Stern
    2. Michael Byk
    3. Rudolph Joseph Federici
    4. Blake Owen Brewer
    5. Jonathan R. Miller
    5 lawyer answers

    This is work that I do. I limit my practice to defend collection cases and bringing claims against debt collectors who violate federal debt collection laws. I have experience with both Citibank suits and the Slater Tenaglia firm.

    5 lawyers agreed with this answer

  6. How long court order stands for debit collection

    Answered 6 months ago.

    1. Joseph A Rutigliano
    2. Philip D Stern
    3. Shaye Larkin
    4. Stuart M Nachbar
    4 lawyer answers

    The judgment is valid for 20 years and can be renewed for successive 20 year periods.

    5 lawyers agreed with this answer

  7. Can a Physician collect interest & cost of collecting on unpaid medical bills? Is certified or regular mail proof of address?

    Answered 7 months ago.

    1. Philip D Stern
    2. Stuart M Nachbar
    3. Shaye Larkin
    4. Anthony J. Pietrafesa
    4 lawyer answers

    There are way too many issues raised by your questions. You should ask you employer to have his/her attorney to review your collection procedures.

    5 lawyers agreed with this answer

  8. Can the bank take all of your alimony and child support to satisfy a levy in NJ? They left me with a zero balance in my account

    Answered 12 months ago.

    1. Philip D Stern
    2. Ronald Glenn Lieberman
    3. Matthew Scott Berkus
    3 lawyer answers

    Assuming that the case is in Special Civil Part (the docket number will start with SC or DC), go to the Clerk's office and tell them you want to file an objection to levy. They will give you the forms to fill out. You can claim $1,000 as exempt regardless where it came from. For anything else, you have to prove that the money came from an exempt source, like child support. To prove that, you will need your bank account statements showing all deposits.

    5 lawyers agreed with this answer

  9. Collection Letters

    Answered over 1 year ago.

    1. Philip D Stern
    2. Ari Hillel Marcus
    3. Seyed Abbas Kazerounian
    3 lawyer answers

    This is from our firm's website (link below): Under the Fair Debt Collection Practices Act, the initial written communication from a debt collector (collection agencies and collection lawyers) must notify the consumer of certain rights which can be exercised within 30 days after receipt. A consumer has the right to dispute the debt, to request verification of the debt, and to request the name and address of the original creditor. The verification requirement is rather low and a...

    5 lawyers agreed with this answer

  10. Information Subpoena on Banks in NJ

    Answered over 2 years ago.

    1. Philip D Stern
    2. Andrew J Siegel
    3. Matthew R Schutz
    3 lawyer answers

    #1. That's the way I read it. In addition, the creditor must include a certification of the fact that there has been no timely response from the debtor. #2. That's the way I read it. #3. As a corollary to #2, because the questions to the bank are limited to Appendix XI-R. A violation of the Rule would be a violation of the Fair Debt Collection Practices Act if the judgment is for a consumer debt and the creditor or the creditor's attorney is a debt collector as defined by the FDCPA. A...

    4 lawyers agreed with this answer

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