Legal Question in Credit and Debt Law in New Jersey
I live in New Jersey , I am being called and told they are collecting on a credit card from 2001 . They are threatening court . Is this something that would be jail or attach my wages ? I asked for something in writing , they won't send me anything . They offered a payment plan that I can't afford because I pay weekly child support to the court
3 Answers from Attorneys
I assume the credit card was for personal use.
The statute of limitations on a credit card is, at most, 6 years in NJ. The period runs from default but a later payment or acknowledgement of the debt can restart the 6 year period.
If the statute of limitations has expired and they threaten to sue or threaten anything which requires them to sue and get a judgment (like garnishing your wages), they would violate the federal Fair Debt Collection Practices Act. Under the Act, you recover any loss, up to an additional $1,000 and have your attorney's fees paid (most FDCPA lawyers will take the case on contingency).
If, on the other hand, they obtained a judgment in 2001, then they can continue to attempt collection by going after anything that's yours and any wages. Judgments are valid for 20 years and can be renewed for another 20 years (but they come off your credit report after 7 years).
They cannot put you in jail for a debt. If they have a judgment, however, they can send you an "Information Subpoena" which is a questionnaire about your assets, income and debts. If you do not respond within 14 days, then they can file a motion with the court to have you held in contempt. If you ignore the motion, the court can issue a warrant for your arrest.
I will assume that everything you say is accurate.
IF you have not paid, and have not promised to pay at any time in the last 6 years THEN the statute of limitations ran out and they will lose in court IF you PROPERLY DEFEND THE LAWSUIT AND TELL THE COURT IN WRITING THAT THE STATUTE RAN OUT.
If it is not clear, let me say it: this is a lot easier to deal with if you have a smart, nasty lawyer help you. Good luck.
Personally, I have fought like a tiger against a bunch of collections lawyers up here in north New Jersey. It is fun to beat them.
This link will provide information that will help you. http://www.corbettlaw.net/info/olddebts.htm -- If I can be of service to you, please call or email.
See also: http://info.corbettlaw.net/lawguru.htm
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
