Legal Question in Credit and Debt Law in New Jersey

Reporting to CRA's
I went to small claims court with regards to a landlord/tenant matter. I am the tenant and the judge issued a judgment in the landlord's behalf for charges related to breaking my lease and legal fees. I never received a bill from either the landlord, the lanlord's attorney or their collection agency. I just had my credit report pulled and noticed that the collection agency filed with the CRA that I have this delinquent debt. Is there any laws which require that the collection agency and or landlord first issue at least 1 bill prior to reporting me to the CRA's? I was never given the opportunity to satisfy my debt, because I never received a bill. When I spoke with the attorneys office and the collection agency, they both had my current address on file. In addition, are they legally able to collect interest on the judgment since I never received a bill from anyone?

Asked on 9/04/07, 10:54 pm

2 Answers from Attorneys

Robert J. Lenahan, Jr. Robert J. Lenahan, Jr.

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Re: Reporting to CRA's

If you were taken to small claims court for an amount due, you must have been aware of the amount the landlord was seeking for the rent, attorney's fees and any other charges. The landlord might have demanded that you pay him these amounts before he filed the complaint. When things get to this stage it is beyond having to send you a bill. The judgment is the bill. In NJ if the lease says you have to pay attorney fees in event of a default then you have to as long as they are not unreasonable. You should try to negotiate your way out of the full amount of the judgment. You have some leverage here because it will take more time and effort for the landlord to collect the full amount. Offer a portion of the amount of the judgment promising to pay the lesser amount immediately. This may save you some money.

Answered on 9/05/07, 10:59 am

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