Legal Question in Credit and Debt Law in New Jersey
Credit Card Debt
I had been served by a debt collector for almost 2 times the amount of a credit card debt. I asked to have the amount of interest they were adding on almost a daily basis removed so I could pay the debt in installments. The first time I suggestd this they agreed, asked for a good faith payment and said they would send the offer in writing when I requested some valid proof. They never followed through. They filed a suit against me and I answered the court summons stating the truth. The debt collectors have sent me interroggatories via regular mail, no papers were served with a receipt. The return envelope is addressed to the debt collectors, not the court. I'm not sure what this means & if I have to answer in the next few days. The court sent me a date to appear but no paperwork to fill in. I am going to have to file bankruptcy because I have no way to pay this debt but don't know what my immediate responsibility is with this paperwork. Any suggestions?
1 Answer from Attorneys
Re: Credit Card Debt
Get a lawyer.
I am writing this response more for others who may find it on Lawguru. Unfortunately for you, I think that you have been victimized by a debt collector's trick that is underhanded but perfectly legal. I suspect that, prior to your "good faith payment" the debt was uncollectable because of the running of the statute of limitations. Your payment probably has the legal effect of starting the running of the limitations period again. My guess is that, had you consulted a lawyer before you make this payment, you would not be in court today and you probably would not have to pay anything on this old debt. Now, it will be very difficult for any lawyer to help you. Nevertheless, your best chance of getting a good outcome is to do now what you should have done in the first place.
Get a lawyer.
See also: http://info.corbettlaw.net/lawguru.htm
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