Legal Question in Credit and Debt Law in New Jersey
Unpaid car loan/lease agreement
My husband purchased/leased a vehicle, I'm not sure of the exact year but it was between 1983-1986. After a few weeks he decided to return the vehicle and when he was not allowed by the dealership he just left the vehicle on the property. He was young and not too bright (my opinion). A lawfirm in NJ has been on and off sending letters over the last decade or so and now has sent notification of garnishment of wages. Is there a statue of limitation on loans in NJ? Needless to say the amount has significantly grown over the years.
Thank you.
2 Answers from Attorneys
Re: Unpaid car loan/lease agreement
What probably happened was that the leasing company sued your husband for a deficiency claim on the lease (the balance due, including collection/attorney's fees, after offsetting the amount due on the lease against the amount which the lessor was able to recover by selling the returned leased car). A judgment (perhaps by default due to the lack of an answer by your husband) was subsequently entered in that suit in favor of the lessor and against your husband, and thereupon the lessor, through its counsel, sought to enforce the judgment through the wage execution. There would be no wage execution absent the entry of a prior judgment. Note that the amount/balance of the judgment continually increases as a result of the accrual of post judgment interest, at an annual rate governed by state law. If you need any assistance in trying to resolve or settle this, feel free to call me. (973) 664-1090.
Re: Unpaid car loan/lease agreement
Please be advised that I have not been retained to represent you and I am basing my reply on the limited information you supplied. However, as far as a statute of limitations, the statute only applies if someone does nothing within the time period. According to your inquiry, the leasing company and/or law firm has been sending you notifications for a number of years. Therefore, the statute of limitations will not apply. As debt remains unpaid, interest and fees accrue. Usually in debt collection situations, it is possible to work out arrangements to reduce interest and late fees and work out a payment plan. If you wish to contact an attorney to discuss this in greater detail, you can reach me at 908-537-7975 If you cannot afford an attorney, every count in New Jersey has legal services which can assist you provided you meet the qualifications.
GOOD LUCK!