Legal Question in Credit and Debt Law in New Jersey
Court judgement found against us in 07, just hearing about it now.
We were contacted by Hayt,Hayt etc, a law firm. Told my wife owes 25k for an old debt. He said it was from a Chase CC acct which was from 2001. My wife never had a Chase Card. THe bank confirmed that. We than heard from person #2 from Hayt ... who said that person #1 no longer works there and there is no record of any conversations. Person #2 said they want their money. I sent a letter disputing the debt and requesting proof. They have since sent me 2 copies of the judement which have 2 different dates on them,1/07 and4/07. they now say they don't know who the original debtor is and they want my wifes SS# to compare to the info they have . They will not give me the SS# they and I will not give them our SS# .I got some copies from Mercer county court,where judgement came from, We live in Middlesex county though. One is a proof of ''summons served'' to my address to my wife,she has never been served a summons by anyone. One is to an address in Trenton with my wifes name.Never even been in Trenton. Also we have been trying to get wife's credit report and we can''t seem to answer the security questions correctly and get denied. Not sure how to proceed. Have not spoken to collectors since. Any help?
2 Answers from Attorneys
Re: Court judgement found against us in 07, just hearing about it now.
First of all, there is a procedure for your wife to claim a copy of her credit report by mail. Check the website of the credit bureaus (Experian, Trans Union, Equifax) for further info. on that.
Under the Fair Credit Reporting Act, accounts placed for collection or charged off more than 7 years ago can't be shown on the credit report, so it is possible that even if the debt was your wife's, it no longer appears on her credit report.
The fact that a debt no longer appears on a credit report doesn't eliminate the ability of a creditor holding a judgment with respect to such debt to enforce it.
Based on the information you describe it sounds like there may be a basis to seek to set aside the judgment. You should consult a NJ attorney regarding that.
Depending on the circumstances of the matter, there may also be a basis for a claim of violation of the Fair Debt Collection Practices Act against the creditor and/or its agents (i.e., collectors and collection attorneys).
I am admitted to practice in New Jersey and handle these types of matters. If you don't know an attorney in your area, please feel free to call me at 8888678165 for a free initial consultation.
Also please feel free to visit the Frequently Asked Questions (FAQs) on our website at www.starrandstarr.com/faqs.htm for further information regarding collections matters.
The foregoing is intended as general information of interest to readers of this website and is not intended as legal advice regarding your wife's situation. She should consult with an attorney regarding her rights and remedies.
Best regards,
Re: Court judgement found against us in 07, just hearing about it now.
It seems like she may have been the victim of identity theft. I am one of the few ID theft assistance attorneys in NJ that I know of. Check out my website for more info.
This happens quite often and I have a few clients with this exact situation.
Feel free to call me to discuss her issue.
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