I have a judgement in nj back from nov 2001 and was wondering if nj had the 20 year statue for judgements back then ? If judgements were good for 7 years then and lapsed if not renewed and judgements started for 20 years in 2009 would my judgement...
The 20-year statute is not new. A NJ judgment can be enforced for 20 years and can be renewed for a second 20-year period, for a total of 40 years.
The 7-year period is the period when a credit reporting agency can include a judgment on your credit report. When a judgment comes off your credit report, it can still be enforced.
I Just got off welfare and have a job... they are going to garnish my salary if i do not pay $569.00 now can they refuse my offer of $169.00 now and $50 a month ? Sherry
If they are about to garnish, then they must have a judgment. A NJ judgment is valid for 20 years and can be renewed once for a second 20 year period. Pressler has no obligation to accept your offer. See how far you get over the phone but, because you don't have a lawyer, you'll probably not be able to speak to a Pressler lawyer over the phone--you always speak with a paralegal. If you've received a garnishment notice, I suggest you file an objection to the garnishment so that you get a hearing date and while there, negotiate with the Pressler attorney.See question
My check is being garnish for a credit I had back in 1994. They never contacted me nor did I receive any paperwork in the mail. The Law suit was filed in 2005 and the garnishment was filed in 2008. They didn't start taken money out my check unt...
The statute of limitations applies to the time between when the claim arose (in other words, when you defaulted) and when they started the lawsuit. A judgment is the result of a lawsuit. Therefore, the statute of limitations has nothing to do with how long a judgment can be enforced.
A New Jersey judgment can be enforced for 20 years but the judgment creditor can renew it once for a second 20-year period. One way to enforce a judgment is to garnish wages.
You should have received notice when they filed the lawsuit--that's called "service of process." If the docket number for the case begins with a "DC", then the Court Clerk mailed two copies of the Complaint (the written statement alleging the facts supporting the claim against you) and a Summons (a notice about your right to contest the claim). One copy is mailed by certified mail and the other by regular mail. The Clerk presumes you recieved it unless (1) both envelopes are returned to the court or (2) one envelope is returned with a Post Office notation which establishes that the address was not valid. Therefore, failure to claim the certified mail or refusing to sign for it is no defense.
The other possibility is that the docket number started with an "L". In that case, the Summons and Complaint would have been served by hand delivery to you or someone in your household. The affidavit of the person who served it would be in the court's file.
In either case, you would have had 35 days to file a written response called an Answer. If you failed to do so, the Clerk noted your default and the plaintiff could obtain a judgment by filing an affidavit of the amount due and some other papers.
If you had applied to the court within one year, you might have been able to vacate the judgment based on a variety of reasons including excusable neglect. Now, it's way too late. The only way to vacate the judgment is to prove (1) you were never served with the Summons and Complaint and (2) you applied to the court to vacate the judgment soon after you found out about it. The reason is that your right to Due Process under the Constitution includes your right to notice and an opportunity to respond. If you never received notice, then the court cannot constitutionally allow the judgment to be enforced.
Assuming you have no basis to vacate the judgment, you might consider (1) whether bankruptcy is viable option (you should consult a lawyer), or (2) attempt to negotiate a signle payment for something less than the full balance. A creditor might agree to a lesser amount paid now rather than wait for the garnishment to finish because there is no guaranty as to how long you will continue to be employed.
FYI, the New Jersey statute of limitations on most debts is 6 years. If the debt is a credit card, the credit card agreement chooses another state's law, and that chosen state has a shorter statute of limitations, New Jersey courts will apply the other state's shorter limitations period. If the debt arises from the sale of goods (for example, a deficiency on a car loan or a store card which can only be used to purchase goods from that store), there is a 4-year statute of limitations based on New Jersey's Uniform Commercial Code.
My father in NJ was served a summons on my behalf for an unpaid CC debt. I live in CA (for going on 3 years) and have never lived at his current address in NJ. He forwarded it to me and I called the court listed on the paperwork. They have no reco...
Go to the NJ courts public access site (link is below). Search using your name and see if you can match it to the papers.
From what you've written, I'm guessing the Docket number starts with "DC". That means your case is in the Special Civil Part of the court which handles cases under $15,000. We call it the "rocket docket" because the cases move quickly. WARNING: Don't let default be entered which will happened automatically 35 days after the papers were received of you don't file a written response to the complaint.
It is a violation of the Fair Debt Collection Practices Act to sue you on a credit card debt outside of the court where you live. The Act applies to debt collectors which include collection agencies, collection attorneys and dent buyers (but does not include the original creditor). Most often, these suits are brought by debt buyers.
You can sue a debt collector who violates the Act. There are attorneys experienced in this area who will typically take the case on contingency. You can find them by searching on Avvo or on the website of the National Association of Consumer Advocates.
Being a NJ attorney, I have experience with many of the collection law firms and debt buyers who regularly sue in our State. If you provide the name of the law firm, the debt buyer, and the county in which the case was brought, I may be able to provide more information.See question
Trying to fill out the objection to levy. Thats what they advised me to do if I have no money for attorney. The levy which was taken is $1000 and some changes. These where my last and only money I had for leaving.
You are entitled to have the first $1,000 exempted. Just wipe in that you are using the $1,000 exemption.See question
My heloc is in foreclosure status. It was in collections with an agency. They have been giving me a settlement figure which is beyond my means. Last time I contacted the bank directly was told it's no longer in collections now in Charge Off Dept. ...
From the bank's perspective, money owed to it is an asset. Banking regulations, do not want banks to overstate they worth. So, when a receivable is unpaid for too long, the bank is required to charge it off they books. They can still try to collect it.
An example of this is two banks, each with $200 million of loans owed to it. One bank, all loans are current but the other bank, all loans are delinquent by at least 6 months. Obviously the second back is in worse financial position but if both banks could report $200 million as an asset of loans, they might super to be the same. Charge off regulations control this problem.
I was just contacted by a collection agency about a debt that I believed to have been paid off. according to the collection agency my last payment was July 2010. it went to collections in January 2011. I asked why they did not send me a certified ...
What you describe sounds very sketchy,
A debt collector must send you WRITTEN notice of your right to dispute the debt within 5 days after the initial communication. "Not in the letter writing business" just doesn't fly,
On an open account such as a credit card account, a payment does NOT restart the statute of limitations. The only thing that restarts the period is your acknowledgement that you owe the balance.
The statute of limitations does not extinguish the debt, it only bars the right to sue on the debt. Therefore, a debt collector may attempt to collect a time-barred debt so long as there is no suggestion that you could be sued. There are also some courts which have held that the debt collector must tell you when the debt is time-barred (what the collection industry calls "out of statute."
I would be leery as to whether there is a legitimate company.
we were going to buy a house , i put up all the money. when the house fell through i was never paid back
The statute of limitations is most likely 6 years.See question
auto that was repoed in 2008 creditors are still trying to collect, are their statutes of limitaion on collection of debt
I agree with Mr. Brewer but add that there are court decisions which hold that a debt collector must inform you that the debt is beyond the statute of limitations. If the collector fails to do so, it can be a violation of the Fair Debt Collection Practices Act which allows you to recover any actual losses, up to an additional $1,000, and have your attorney paid by the collector.
I recommend you contact a NJ attorney experienced in handling lawsuits under the Act.