Legal Question in Credit and Debt Law in New Jersey
Old furniture Debt
I have a law office threatening to sue me( Pressler & Pressler) the issue is I had a furniture loan from Levitz(now out of business) when I lived in Arizona. I lost my job and stop making payments in 2000. my balance is around 2300. In 2002 I moved back to NJ. recently I've recieved calls and now this letter and court doc saying I'm being sued for this old debt from this NJ based lawyer when I acquired the debt in arizona. Is this legal and what should I do?
1 Answer from Attorneys
Re: Old furniture Debt
If the debt was incurred primarily for personal, household or family purposes (which it seems to be based on your post), it should be covered by the Fair Debt Collection Practices Act (FDCPA). From your post it appears that you are being sued after the statute of limitaions (SOL) has expired (time in which a party can bring a lawsuit against you). Under the FDPCA and according to almost every case on the issue, it is a violation to threaten to sue or to actually sue when the SOL has expired. I handle these types of cases all the time (at least 2 a month). Feel free to call me for additional info.