How do I go about getting a settlement agreement from a collection agency that is not willing to budge? Amount of collection is $2400. I'm on social security. Bill is not mine. My husband's at the time.
If you live on SS and have no assets with equity you are what we call "judgment proof". That means they legally cannot collect from you even if this is your bill. In that case I would send them your SS benefits letter and most recent 2 months bank statements and tell them that if they persist in collections efforts you will hire an FDCPA lawyer to file a complaint for wrongful collections actions and harassment. I'd also make sure you open your letter with a clear statement hat you deny the validity of this debt - and don't even say you believe it's you former husbands debt just clearly state it is not valid as to yourself.
You may also be able to get assistance from legal aid for this matter. You should contact NJ Legal Services and see if you qualify for free legal services.
Good luckSee question
I am filing for chapter 7 bankruptcy as an individual. I filed all the required documents except schedules A/B, C, .....Thru J. Is there an agency I can obtain them if I cannot download them from the internet.
The fact that you are not able to find the forms online makes me concerned for you doing this on your own. However, you certainly have that right. The forms are all available through the NJ Bankruptcy Court's website. This is a direct link to the downloadable Voluntary Petition: http://www.uscourts.gov/forms/individual-debtors/voluntary-petition-individuals-filing-bankruptcy
If you choose to seek counsel you should know that most consumer bankruptcy attorneys offer a free 30-45 minute initial consultation. I encourage you to take the time to meet with 1 or 2 professionals before taking the step of doing this yourself. You can find a professional here, through AVVOs resources, or try looking on NACBAs attorney finder site: http://www.nacba.org/
Best of luck!
Somerset County, NJ
My situation: Was doing contract work for company in November and December on fixed fee rate. They've paid 1/2 my invoice, but not the other 1/2. Feb 1st, the company freezes all cashflow. Not paying any vendors. I'm trying to talk them into a par...
In addition to what Mr. Elie stated, which I agree with, if you did get payment on the eve of the debtor's bankruptcy filing you would likely not be permitted to keep the money anyway. In bankruptcy terms it is called a preferential payment.
For more information I suggest you set up an in person meeting with a local bankruptcy attorney. You may end up needing representation if they do file. Even if you do not need to hire an attorney you will get better information when you speak one on one about the specifics of your case.See question
We have a corporation and closed the doors in July. Do we need to file bankruptcy for to outstanding utility bills and remainder of the lease?
I would say most likely, no. Not unless you are personally liable for the business debts. If the utilities were only in the name of the business then dissolving the business should be sufficient. I would suggest and in person consultation with counsel to be sure.
Best of luck!
I am looking to file Chapter 7 bankruptcy. I am 34 years of age, and filed when I was 21. Just got released from incarceration in December of 2015. Actively looking for employment, and completing my degree in Medical Assistant. I am looking to ...
Mr. Boyer's answer is very helpful. You really should take advantage of a free initial consultation with one or more qualified bankruptcy attorneys to go through the specific facts of your case. In addition, I recommend that you pull a credit report. This will help you assess how much of your debt is still valid. Most attorneys will ask you to pull the credit report just to verify your debts anyway. But in your case there is an additional benefit to pull your credit port for our meeting anyone. I had a prospective client who had been incarcerated and when he went to prison he had a significant amount of debt. He was in prison for several years and when he got out he wanted a fresh start. I had him pull his credit report and it was completely clean. It looked like he had never had any debt in his life. Because he had been in jail and had not had any new credit or any new debt in a long enough time that all the old debt had actually become non-collectible. He, in fact, did not need a bankruptcy. No idea if you will find something similar but you certainly should check before going any further.See question
I live in NJ and have too much debt after a divorce. I also own a failing lawncare business LLC. I want to file for Chapter 7 bankruptcy because it would take me over 10 years to pay off this debt I owe. Does Chapter 7 also include my business?
If the business continues operating it will continue to be liable. Creditors will be able to reach the assets, including inventory and accounts receivable, if they get a judgment against the business. Secured creditors still have their collateral. However if you are the sole member of the LLC and the business has no assets you can most likely close the business the creditors will have no recourse against the defunct business. I'm oversimplifying but hopefully this will help you frame at least some of the issues you need to consider when deciding egether to file w chapter 7 individually, for the business or both.See question
I have a lawsuit where the defendants will be filing a motion for summary judgment. I know I must authenticate evidence etc. My issue is this. Many of my witnesses have told me they will testify at trial only if I subpoena them. They understanda...
You will need to issue a subpoena for their depositions. Then in your response to the summary judgment motion say summary judgment is premature because there are witnesses to be deposed it will have relevant testimony at trial. Best of luck!See question
Are there any responsive and reliable bankruptcy attorneys located in New Jersey that would file a adversary action in Bankruptcy Court on a contingency basis?. No fees unless a recovery
Most attorneys that take work on a contingent fee basis are practicing in areas of law where collecting on their judgments or settlement are more certain than would generally be the case in a bankruptcy adversary proceeding. For example, in a personal injury action an insurance company would be liable for paying the claim. Where collectibility is uncertain a contingent fee arrangement is too risky. You may need to retain a second attorney or even wait years to collect after obtaining your judgment. I doubt very Highly that you will find a competent, reliable bankruptcy attorney that would take an ordinary adversary case on a contingent fee arrangement.See question
I have a judgement against me, it was placed by a collection agency that bought a 2nd loan mortgage on a house I lost(it was foreclosed). I have documents that shows when the foreclosure day took place(over 7 years ago). I believe few of the mi...
The six years SOL applies to the plaintiff's right to bring s complaint. Once they have s judgment there is no statute of limitations on collecting.See question
I am consider to file for bankruptcy.
Most attorneys have their hourly rates posts on their AVVO profile page. However, you should be able to obtain a "flat fee" quote for most types of consumer bankruptcy cases. Definitely take the time to call a few attorneys after reviewing their profile pages. NACBA, the National Association of Consumer Bankruptcy Attorneys, is another good resource.See question