Legal Question in Credit and Debt Law in New Jersey

Re: small claims court

Unfortunately, you MUST go to court. If you don't, the Court will assume that you are liable for the debt and issue a judgment against you. The Summons that was attached to the Complaint most likely also tells you that you must file a written answer to the claims made in the complaint within a certain period of time. This is a written statement by you saying that the debt has been paid. There is probably a fee to be paid to file the answer too. Follow the instructions on the Summons. Once you file your answer the court will advise you of a trial date by postcard. The court is not going to take your word that the debt has been repaid. You will have to prove that at the trial. Bring any proof of payment like a cancelled check, that shows the debt has been paid. Be on the lookout for this trial date notice. If you miss it and the trial is held in your absence, the court will issue a judgment against you provided the plaintiff proves the debt. One tip: Attach copies of any cancelled checks to the answer and provide it to the plaintiff. It might just convince the plaintiff that you are right and he may didmiss the complaint and save you a trip to the courthouse on the trial date. Good luck.

Re: small claims court

No, you gotta go if you are the one that owed the money.