Legal Question in Credit and Debt Law in New Jersey

Being Sued

I received a notice today from the courthouse saying I was being sued for an old credit card debt from 2001. In 2001 I made a settlement offer with that credit card company for 469. The original bill was 875.The amount I am being sued for is 1769. I called the attorney and told him this. e wants proof that there was a settlement offer and my receipts. I don't have receipts from 5 years ago. He wants the whole amount paid which is double the original amount. The lawyer said it is interest. I am no longer working because I had a recurrence of cancer and the only income I receive is Social Security Disability. The lawyer said he would accept payments of $125 a month but only after I sent him a copy of my award letter from Social Security which I do have. What should do. I have torn my house apart looking for these receipts to show paid it. Thank you.


Asked on 1/22/07, 5:32 pm

1 Answer from Attorneys
Stephen Starr Starr & Starr, PLLC

Re: Being Sued

1st thing call the NJ Attorney General, Div. of Consumer Affairs. (the software for this site doesn't let us give phone #s, so I have to break it up) -- it is "800" and then "504" and then "-6200" (if that doesn't make sense, send me an e-mail, my contact info is below, and I will e-mail you the #). If you can afford an attorney, you should hire one in your county (maybe on a flat fee basis). If you can't, then call Legal Services at the number on the summons you received from the Court.

Try to track down some documents proving what you claim -- that you previously paid this off in a settlement. If you paid by check maybe you can order old records from the bank.

You may have a claim under the Fair Debt Collections Practices Act if you can establish you previously paid this. If you are able to track down some sort of proof of prior payment please give me a call (you can find our number through our website at www.starrandstar.com and I will be glad to discuss your right under the Fair Debt Collections Practices Act and the potential claims you may have against the creditor.

Hope that helps.

Best regards,

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Answered on 1/25/07, 8:08 pm


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