Legal Question in Credit and Debt Law in New Jersey

Re: Debt

Yes. It is six years, but there are several ways that the period can be extended.

It is increasingly common for credit card companies and their collection agents to file late suits and then justify them because they themselves have applied a credit to the account and characterized it as a "payment." There are countermeasures for this which can not only provide a successful defense but may also recover your expenses of defense.

Your answer should include a time-bar defense. If the amount is large enough so that paying a lawyer for representation in warranted, you should retain counsel promptly. If I can be of further help to you, call or email.

See also: http://info.corbettlaw.net/lawguru.htm

Re: Debt

If people really knew how the banking and credit card companies worked, there would be a new revolution, and blood in the streets. Not all, but many collectors are scum, but smart scum, so be careful. They can not collect if you have not made a payment in over 6 years. Chances are THEY bought the bad debt for pennies on the dollar, and are trying to collect on it. Send them a letter disputing the debt, tell them the suit is out of time, tell them to withdraw it or you will be making a counter-claim for them filing a frivolous suit, and not make any report to credit agencies or you will sue them for defamation of credit. File an answer with the court asserting the same things. Send the collector another latter, demanding discovery, including your original application and signature, and proof of each and every charge claimed to be unpaid. They will NOT have the required information, and an "accounting" statement (a statement saying Bob owed $1,234 on 3/2/1999) of the debt is not proof that you charged purchases and the credit card co. transfered payment for those charges, and they always have all sorts of late fees, penalties (I thought late fees WERE penalties!), over charge fees, closed account fees, legal fees, etc. etc. Remember to tell the judge so much time has passed that you no longer have your records, and can not properly defend against the claims without your records, or THEM producing the records to show what you purportedly charged and did not pay! The burden is on them to first prove an unpaid debt, then prove they were entitled to the fees and interest they are claiming, and you need the ORIGINAL card agreement you signed for that. In NJ, the credit card companies can NOT change the terms of their original agreement with you by "stuffing" (putting the new terms in the envelope with your bill, in type so tiny you can not read it without a magnifying glass) a billing envelope! Good luck.