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Getting sued over a debt, never received collections notices or collections calls. What can I do?

Paramus, NJ |

I just received notice of being sued from the Bergen County superior courts stating that a credit card company is filing for a judgment against me for $1100. I tried calling the lawyer's office, the number was bad (off the court paperwork). I then called the credit card company as well as the debt collector. No one can verify the charges, dates, amounts, etc. of the original amount owed.

I have no proof that I made these charges, as I was under the assumption I paid this off. There have been no collections notices, I have never spoken to anyone in regards to this debt, so I had no idea it existed. The court paperwork went to my sister's home, which I have never lived at, nor has it ever been my address. The options they gave me are to either pay them or have a judgment. What can I do?

Attorney Answers 3


You need to dispute the debt in writing. Also pull your credit report and dispute the debt with them as well.

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You should send a letter to the attorney listed on the pleading you received asking for verification of the debt. Most importantly you should not let a default judgment enter against you. This means that you must file an answer within the time stated in the court papers you received. It appears that you are saying that you have the defense of simply not owing what you are being sued for. You may also have other defenses, and a possible claim under the Fair Debt Collection Practices Act against the entity suing you.

To determine your possible defenses and possible claim you should consult a consumer attorney in New Jersey, many of whom give free consultations. You should do this promptly so that if you and they determine that they should represent you in court, they have time to file an answer.

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5 lawyers agree


Madeline is absolutely correct. Call a consumer attorney right away. Make sure you or your attorney files an answer. Under some circumstances the other side will have to pay your lawyer. Don't wait for them to respond to you to file something in court.

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