Legal Question in Credit and Debt Law in New Jersey
collections
I had a car repossession 19 years ago, it is no longer on my credit report, but I have started getting letters and calls from a lawyers office trying to collect $12,000 for this loan. What should I do?
3 Answers from Attorneys
Re: collections
See: http://info.corbettlaw.net/olddebts.htm
Re: collections
The statute of limitations for a debt like this is 4 years under the Uniform Commercial Code in NJ. As such, as long as you did not do anything to extend it, you have an affirmative defense to any lawsuit which you must raise in response to it. If this attorney meets the definition of a debt collector under the Fair Debt Collection Practices Act (FDCPA), then you may also have your own claims to raise if the attorney is threatening to sue, actually files a lawsuit or threatens to take any action related to a lawsuit. Under the FDCPA, you may be entitled to up to $1,000 in damages, plus any actual damages you may have suffered and attorney's fees. Feel free to call me for more info or visit my website: www.njconsumerfraudlawyers.com
Re: collections
If the debt is that old, and if it was NOT turned into a judgment against you, then it is very likely barred by the Statute of Limitations.
Call me, and I will assist you in putting an end to the letters and calls.
This is fairly straightforward.