Legal Question in Credit and Debt Law in New Jersey
collecting a judgment
My husband received a judgment for monies in probate court after a trial. Then the party filed bankruptcy and I was able to help my husband get the debt non-discharged. My question is how does one go about collecting this judgment in New Jersey. In Connecticut, where we live, you only have to give the judgment to a State Marshal. Any help in this matter is greatly appreciated. Thank you.
2 Answers from Attorneys
Re: collecting a judgment
you pretty much need to have a lawyer assist, and this is going to be tough to collect since the bad guy filed for bankruptcy.
I would be willing to talk to you, look at all the paperwork you have, and give you whatever guidance I can. The first and most important question is what money, assets, job, income does the bad guy have?
I am in northern New Jersey. I will be happy to discuss this with you; a brief telephone consultation will be free.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
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Re: collecting a judgment
An important fact that you did not mention was the State in which the judgment was obtained. If it was not in NJ, the first step is to have the out-of-state judgment docketed in NJ. This consists of filing suit here on the basis of the out-of-state judgment. This is a matter of formality and does not result in a new trial or anything of the sort. Once the judgment is docketed here, it can be collected by any number of means. Most collections are from garnished wages or by having the sheriff levy against bank accounts or sieze and sell the property of the judgment debtor. Discovery is available to find out where these assets might be. If the judgment debtor does not respond to discovery, he can be arrested and confined until he cooperates.
If I can be of help, call or email.
See also: http://info.corbettlaw.com/lawguru.htm