Legal Question in Employment Law in New Jersey
I have a writ of execution against a former employer. He owes me $4400. He filed for bankruptcy. I did not fill out a proof of claim form. The employer sent me paperwork yesterday called an "order of contempt" because I sent him an "information subpoena" to fill out. I was told I could file with the court for my money if he does not respond within 30 days. Now I have a scheduled court date of Sept. 18 from his attorney asking me to pay his attorney's fees of $3000. So, he is suing me for harrassment because I am requesting back wages..... Is it just me, or does this sound totally crazy? Diane
2 Answers from Attorneys
When you re-read the Notice of Commencement that you received from the Bankrupcy Court, you will be reminded that it is a violation of the Bankrupcy Code for any creditor to attempt to collect from the debtor without leave of the Bankruptcy Court. By sending the Information Subpoena while the bankruptcy was pending and without the permission of the bankruptcy judge, you violated the law. However a $3000 attorney fee is a bit excessive and you should be successful if you appear and oppose it. Your might consider being represented by a lawyer.
See also: http://info.corbettlaw.net/lawguru.htm
What the other lawyer meant was this:
You may be in trouble, YOU may be in trouble, for trying to collect the money after he filed bankruptcy.
I can help you with this. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the first office visit.
I know people worry about how expensive a lawyer is, so I am careful to be as inexpensive as I can for my clients. Before you spend a dime, you will know how much this is likely to be.
Robert Davies, Esq. 201-820-3460
The Davies Law Firm, P.A.
45 Essex Street, Suite 3 West
Hackensack New Jersey 07601
Phone: 201-820-3459
Fax: 201-820-3461
Email: [email protected]
Website: AttorneyRobertDavies.com
For more information on family law and divorce, see my website: http://www.attorneyrobertdavies.com
Please keep in mind that my response is just a general comment on your question, and not legal advice. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. To get legal advice that you can rely on and use, please contact me directly. I would be happy to assist you.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
