Legal Question in Credit and Debt Law in New Jersey

Summon from collection agency

I had been receiving calls and letters from collection agencies that I basically answer them that there statute of limitation had expired. I had done my research that NJ has a 6 years statute of limitation, and basically they're collecting from me a debt which last activity was in 1992. This was the year that I got sick, hospitalized for two months and lost the job after that.

What is my defense now that I have a summon. Please advise.


Asked on 4/09/03, 5:48 pm

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

Re: Summon from collection agency

The statute of limitations can be extended a few ways, i.e. if you make a payment, etc. If the statute of limitations has passed, the person suing you (I assume an attorney or debt buyer) has possibly violated a federal law called the Fair Debt Collection Practices Act. This depends on whether the person suing would qualify as a debt collector under the law. If so, the debt collector would be liable to you for up to $1,000 in statutory damages, any actual damages and your attorney's fees. In addition, the creditor's case would be dismissed. Feel free to call me if you need additional info.

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Answered on 4/09/03, 6:20 pm


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