Legal Question in Civil Litigation in New Jersey
I am trying to find out what could be done about a special civil case brought against me. I had a credit card in 1999 with a $250.00 limit now im being sued by a company for $1500.00 they sent a answer supeona telling me i had 14 days to send it back or else it would be a default judgement award. what can i do?? is there a statue of limitation on such a case and what can i do to not pay what they are asking?? i dont have $1500.00 dollars to give away to a credit card that was only $250.00
3 Answers from Attorneys
The statute of limitations for a contract is six years. Go to court and tell the judge this information and the case will be dismissed. There was an article in the New York Times about
firms that buy old, worthless debt that is legally uncollectible and pursuing collection, relying upon the lack of knowledge of most people as to the statute of limitations.
You might also ask the judge to award you damages under a court rule that entitles a defendant
to compensation for the filing of a frivolous complaint with the Court.
See http://info.corbettlaw.net/olddebts.htm
/p/ See also: http://info.corbettlaw.net/lawguru.htm
In your posting, you say that you are being sued. Yet, you also say that you received a "subpoena" telling you that you have 14 days to return it. That sounds very much like an Information Subpoena. If you received an Information Subpoena, then you ALREADY HAVE A JUDGMENT AGAINST YOU. You need to get to the bottom of whether you are first being sued, or whether you have been sued previously and perhaps did not know about it. If you already have a judgment against you, then you need to take steps right away to evaluate whether a Motion to Vacate Judgment is appropriate. If there is a judgment against you already, then they can levy on your bank account, execute on your wages, etc. Get help right away.