Legal Question in Credit and Debt Law in New Jersey

proper notification of debt

Civic association of whom he represents, refused to take our payment (partial) when we sent it. We also did not receive the normal letters that apply when a debt is owed. We do not refute this debt. But, we were told not to pay bill until we were given the correct amount. Partial payment is in by laws as they must accept. We went from asking for a bill, to being told to wait, never getting an answer to a returned partial payament check with no notice other than three phone numbers scribbled on back of envelope with names of attorney and treasurers. This attorney did not nor did the association warn us of court. I thought there were rules of notification and time to make reparations and then if we did not reply to attorney, then they would take and could legal steps to collect. How did I (a 100% disabled veteran) loose out on this procedure that is given to everyone else. Their by lawys by the way do not say they will collect, it says they may. Also they did not choose to ask us for anything for the past 3 years that we owed and each year is a new review. so while they had a rule in effect they did not always enforce same.


Asked on 12/19/02, 7:43 pm

1 Answer from Attorneys
Glen Chulsky Law Office of Glen H. Chulsky

Re: proper notification of debt

A debt collector must send you a "validation notice" within five days of an initial communication, written or oral, unless the inital communication contains the validation notice. Attorneys who engage in debt collections must also follow the law. If the initial communication with you by the attorney is a summons/complaint, then he has violated the law if he/she does not send you a validation notice with the complaint or within 5 days of your receipt of same. I have handled suits involving this issue a few times. In addition, if the attorney or association filed a lien against you, without proper notice to you, it can be invalidated by the court. If you need more info, feel free to call at 973-659-3400.

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Answered on 12/19/02, 8:35 pm


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