Being Sued By a Creditor In New Jersey?
Here at the Law Offices of Graham and Borgese, we understand how stressful and frightening it can be to be sued over a debt. That’s why we do everything in our power to make the process as easy and stress-free as possible. We also understand that people who are dealing with debt related issues may not have the financial resources to fight their creditors. That’s why we offer extremely affordable rates and payment plan options to all of our clients. Our goal is to resolve your debt related issues, not add to them. We will explain the entire process and present you with all of your options, so you can make the best possible decision for your particular situation.
If you are being sued over a debt in New Jersey, please call our offices today at (585) 735-9435 to schedule a free consultation.
What You Need To Know About Debt Lawsuits In New Jersey:
Whether you are being sued by a credit card company, bank, debt buyer or credit union in NJ, you have certain obligations under the law.
Once you have been served with a Summons and Complaint in New Jersey, you have 35 days to file your response. This response is call an “Answer”. Your Answer needs to address all of the allegations made in the Complaint as well as raise all of the valid, Affirmative Defenses that you feel may come into play in the lawsuit. If you fail to file your answer within those 35 days, a judge can enter a default judgment against you. This default judgment has the same effect as if you had lost your case. Also, if you fail to respond in the proper way, or fail to make the proper arguments, you run the risk of losing your case outright. We highly recommend hiring an attorney to handle both the response to the Summons and Complaint and the filing of your Answer. An experienced and knowledgeable attorney will make sure that your Answer is properly formulated, and filed with the necessary court, to ensure that a default judgment is not entered against you.
The worst thing that you can do is ignore the lawsuit. Ignoring it won’t make it go away. It will make things worse. If a default judgment is entered against you, it allows the creditor to seek remedies in order for them to collect on the judgment.
Some of those remedies are:
In New Jersey, a creditor who has been awarded a judgment against you may garnish either 10% of your gross salary when the same shall equal or exceed the amount of $217.50 per week; or 25% of your disposable earnings.
In New Jersey, a creditor can ask the court to execute a “writ of execution”. This allows the creditor to force the bank to pay the judgment amount out of the funds in your bank accounts.
A creditor can place a lien against any property that you own. This means that when you go to sell said property, or try to refinance the mortgage, you will be required to pay off the lien before you are allowed to do so.