New Jersey Agreement and Assignment of Judgment for Collection to Collection Agency

State:
Multi-State
Control #:
US-02705BG
Format:
Word; 
Rich Text
Instant download

Description

The Fair Debt Collection Practices Act (FDCPA) prohibits harassment or abuse in collecting a debt such as threatening violence, use of obscene or profane language, publishing lists of debtors who refuse to pay debts, or even harassing a debtor by repeatedly calling the debtor on the phone. Also, certain false or misleading representations are forbidden, such as representing that the debt collector is associated with the state or federal government, stating that the debtor will go to jail if he does not pay the debt. This Act also sets out strict rules regarding communicating with the debtor.
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FAQ

The statute of limitations on debt in NJ is six years ing to Section 2A:14-1 of the state's laws. The statute of limitations applies to all kinds of debt. These include written, oral, promissory, or open. Once this period lapses, you cannot sue an individual or use force to try and recover the debt.

All such assignments of judgment must be in writing, showing the date thereof; the name and address of the assignor and assignee; the amount of the judgment or the amount remaining due on the judgment, whichever is lesser, and when and by what court the judgment was granted; a statement describing the rights assigned; ...

Upon request, debt collectors must send you a written ?validation notice? telling you how much money you owe within five days after they first contact you. This notice also must include the name of the original creditor to whom you owe the money, and how to proceed if you don't think you owe the money.

Judgments are recorded as statewide liens upon request and payment of the applicable fee. Most judgments expire after 20 years; so a request for 21 years worth of judgments will result in a report that includes the entire active database.

NEW JERSEY A judgment is valid for a period of twenty years, but can be renewed within the twenty year period by the filing of a notice with the court clerk. N.J. Stat. Ann. § 2A:14-5.

The statute of limitations on a judgment is 20 years ? not six. Further, a creditor can renew the judgment. Also, he said, there is an exception to NJ Statute of Limitation law. ?The six-year statute of limitation does not apply to contracts between merchants or a sale of goods under NJ's Commercial Code.

If the money is not collected (liens) Request to have the judgment recorded as a lien against any real estate the debtor owns. Once the judgment is recorded in the Superior Court, the debtor cannot sell with clear title any real estate owned in New Jersey until the debt is paid.

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New Jersey Agreement and Assignment of Judgment for Collection to Collection Agency