Legal Question in Credit and Debt Law in New Jersey
Credit Card Debt Judgements
I have credit card debt judgements in default against me; I owe NJ state and fed taxes. Debt was largely result of having my own biz for several years following layoff. A former sr. mgr at major companies, I have been unemployed or underemployed for the past 5 years. I have made barely enough to live on during this period with none to spare to pay in any way. I never filed for bankruptcy because I could not even afford an attorney or filing fees; also I truly felt that if I could ever get the kind of job I should have, I could pay or settle the debts. I have now (finally) obtained a decent-paying--nothing to make me rich, but somewhere above the poverty line--job which will allow (provided I get a cheap place to live...as I am also basically homeless now) for a small amount of money to be paid towards debts & taxes each month. My question is two-fold: 1- Can a personal bankruptcy set aside judgements in NJ? 2- Is there reciprocity between NJ and PA for judgements? (new job is in PA). My new employer knows I had financial issues but I do not want my work to be called or wages garnished - the collectors already levied my first paycheck out of my checking account. I want to set things right, if I can afford to. Thank you
3 Answers from Attorneys
Re: Credit Card Debt Judgements
Stop direct deposit of your check. Anything that goes into that account will be garnished.
Based on what you have reported some kind of bankruptcy should help. You will need to take a course before you can file. The attorney you chose will assist with the process. This may be simpler then you think.
If we can help let us know. Services at a reasonable fee and we can file NJ bankruptcy petitions.
Re: Credit Card Debt Judgements
You sound like bankruptcy may help you. I am not certain of this, and you will need to see a bankruptcy lawyer to get some advice.
Please save up some money, and hire a bankruptcy lawyer to evaluate your situation and advise you.
I am in north Jersey near NYC, and can not assist you. Good luck to you.
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Re: Credit Card Debt Judgements
Regarding your posting (1) yes, a personal bankruptcy filing by a debtor generally will extinguish the debtor's personal liability on a judgment for common types of debts (such as credit cards). Note, however, that in bankruptcy certain debts can be excepted from discharge in certain circumstances. (2) There is generally reciprocity among all 50 states of the U.S. with respect to judgments.
You may want to try nonprofit credit counseling. You can find a list of approved credit counseling agencies for New Jersey on the website of the U.S. Trustee (part of the Dept. of Justice) at the following link:
http://www.usdoj.gov/ust/eo/bapcpa/ccde/CC_Files/CC_Approved_Agencies_HTML/cc_new_jersey/cc_new_jersey.htm
You can visit the FAQs on our website for additional info. about debtor-creditor issues and bankruptcy at:
www.starrandstarr.com/faqs.htm
Nothing in this response to your posting on Law Guru is intended or should be considered as legal advice to your specific situation. Our posting is intended to provide general information of interest to the public. Facts relevant to your situation and not disclosed in your posting may affect your specific legal rights and remedies.
Good luck,
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